TRADEMARK & TYPES OF

TRADEMARKS
Flow of Presentation

• Definition of Trademark
• Indian Trademark LAW
• Types of Trademark
• Description of types
WHAT IS
TRADEMARK?
 TRADEMARKS
• A trademark is a distinctive sign or indicator of
some kind which is used by an individual,
business organization or other legal entity to
uniquely identify the source of its products
and/or services to consumers, and to
distinguish its products or services from those
of other entities
• A trademark is a device which can take almost
any form, as long as it is capable of identifying
and distinguishing specific goods or services.
A trademark may be designated by the following symbols:

(for an Unregistered Trademark, that

is, a mark used to promote or brand
goods)

(foran unregistered Service mark, that

is, a mark used to promote or brand
services)

(for a registered trademark)

INDIAN TRADEMARK LAW
Indian trademark law provides protection to
trademarks statutorily under the Trademark Act,
1999 and also under the common law remedy of
Passing Off.
Passing off is a common law tort which can be
used to enforce unregistered trademark rights.
The tort of passing off protects the goodwill of a
trader from a misrepresentation that causes
damage to goodwill.
Statutory protection of trademark is
administered by the Controller General Of
Patents, Designs and Trade Marks, a
government agency which reports to the
Department of Industrial Policy and
Promotion(DIPP), under the Ministry of
Commerce and Industry.
The law of trademark deals with the mechanism
of registration, protection of trademark and
prevention of fraudulent trademark.
The law also provides for the rights acquired by
registration of trademark, modes of transfer and
assignment of the rights, nature of
infringements, penalties for such infringement
and remedies available to the owner in case of
such infringement.
Trademark Classification in India
• Trademark in India is classified in about 45
different classes, which includes chemical
substances used in industry, paints,
lubricants machine and machine tools,
medical and surgical instruments, stationary,
lather, household, furniture, textiles, games,
beverages, building material,, and hand tools,
other scientific and educational products.
• These classes again are further sub-divided.
The main objective of trademark
classification is to group together the similar
nature of goods and services. Here are the
classes for product and for services.
THE TYPES
OF
TRADEMARK
A TRADEMARK MAY BE DIVIDED INT0 THE FOLLOWING
CATEGORIES :
 Product Marks

Service Marks

Trademarks
Pattern Marks

Collective Marks

Certification
Marks
Colour Marks
Unconventional
Marks
Sound Marks

Shape Marks
TYPES OF TRADEMARKS
Product Mark
• It is used to identify the source of a product and to
distinguish a manufacturer’s products from others.

• On the whole, a trademark is an important means

to protect the goodwill and reputation of a
Business. So product marks are those that are
attached to distinguish the goods or services of
one manufacturer from that of another.
Apple Crops v/s Apple Inc.
 Service Mark
• A service mark is nothing but a mark that distinguishes
the services of one proprietor/owner from that of
another.
• Service marks do not represent goods, but the services
offered by the company. They are used in a service
business where actual goods under the mark are not
traded.
• Companies providing services like computer hardware
and software assembly, restaurant and hotel services,
courier and transport, beauty and health care,
advertising, publishing, etc. are now in a position to
protect their names and marks from being misused by
others.
• The rules governing for the service marks are
fundamentally the same as any other trademarks.
Pfizer Products Inc. vs
Rajesh Chopra And Others:
The plaintiff registered the trademark of two of its
products Zoloft and Geodon in the US and
subsequently registered it in India. The present suit
was filed pleading for an injunction against the
defendants who released a similar product in India.
 Pattern Mark
• These are the marks consisting of a pattern which is
capable of identifying the goods or services as
originating from a particular undertaking and thus
distinguishing it from those of other undertakings. Such
goods/services are registrable as Pattern Marks.

• The procedure of evaluating uniqueness of pattern

marks is same as that of other types of marks. Pattern
marks that are descriptive or indistinctive are
objectionable because they fail to serve as an identifier
of trade source. Such goods/services would not be
accepted for registration without evidence of
uniqueness.
In cases where the pattern mark has become
identified in the minds of the public with a
particular undertaking’s goods or services, it
receives acquired distinctiveness and can
register for Pattern Mark.
Coca-Cola Company Vs.
Bisleri International Pvt.
Ltd:
 Collective Mark
• Collective marks are used to inform the public
about a particular characteristic of the product
for which the collective mark is used. The owner
of such marks may be an association or public
institution or it may be cooperative.

• Collective marks are also used to promote

particular products which have certain
characteristics specific to the producer in a given
field. Thus, a collective trademark can be used
by a more than one trader, provided that the
trader belongs to the association.
 Certification Mark
• Certification marks are names, symbols, or
devices used by groups or persons that show
compliance to a set of standards.
• A certification mark does not distinguish between
producers. In addition, the user of the mark is not
the registered owner, and the owner is not
permitted to use the mark. These marks can show
geographic origin, standards met with respect to
quality or manufacture, or work performed by a
person that meets certain standards. The party
that applies for a certification mark must also be
considered competent to certify the products in
question.
The Swiss Watch Case
Study
 Unconventional Marks
Colour Mark
• Section 10 of the Trade Marks Act states that trade
mark can be limited to particular colour or
combination of colour. A person can register the
colour trademark.
• The Trademarks Act clearly states that trade mark
include colour or combination of colours which is
capable of distinguishing the goods and services from
other similar goods and services. The applicant (who
wants to avail the registration) has to show the
evidence which proves that particular colour
combination is associated with the applicant or
completely designates his goods/services.
Paypal and Paytm Case
 Shape Mark
According to the Indian Trademarks Act, 1999, a
trademark may also include the shape of goods, their
packaging, so long as it is possible to graphically represent
the shape clearly. When the shape of goods, packaging
have some distinctive feature it can be registered. For
example, Ornamental Lamps. In certain cases, the (three-
dimensional) shape of a product or packaging can be a
trademark.
Case study of Gufic Private Limited
and Anr. Versus Vasu Healthcare
Limited
 Sound Mark

• A sound mark is a trademark where a particular sound

does the function of uniquely identifying the origin of a
product or a service.
• The sound logo, technically referred to as audio
mnemonic, is one of the tools of sound branding, along
with the brand music. A sound logo is a short distinctive
melody mostly positioned at the beginning or ending of
a commercial. It can be seen as the acoustic equivalent
of a visual logo. Often a combination of both types of
logo is used to enforce the recognition of a brand.
On The Whole , A Trademark Is An
Important Means To Protect The Good
will And Reputation Of Business .

While Filing A Trademark,

The Applicant May Choose
Any Aforementioned Types
Of Trademarks Based On The
Nature Of Mark .
THANK YOU

R E F E R E N C E:
 T H E T R A D E M AR K A C T, 1 9 9 9
 T R A D E M A R K S A N D P A S S I N G O F F , P.
N A R AYA N A N