TYPES OF TRADEMARKS

NAME : LUV SHARMA

ROLL NO. :1910039
 WHAT IS TRADEMARK ?
• Trademark is defined under Section 2(zb) Of the indian
trademarks act, 1999 as mark capable of being Represented
Graphically And which is capable of distinguishing the goods
or services Of one person From those of others And may
include a shape of goods, there packaging annd combination of
colors.
• In simple words , a trademark may include a device , brand ,
heading label ticket name signature word letter numeral are
shape of goods packaging or combination of colors or any such
combination- section 2(m).
• The only qualification for a trademark bieng its capacity to
distinguish goods or services of one person from that of
WHAT ARE TYPES OF
TRADEMARKS ?
TYPES OF TRADEMARKS
• Word marks :
Word marks may be letters or numerals. A word mark gives the proprietor a
right only in the word , letter or numericals. No right is sought with respect
to the representation of the mark.

• Device marks :
Where the trademarklies in the unique representation of a word letter or
numerical; it is called as a device mark.
 TYPES OF TRADEMARKS
• Service marks : A service mark is nothing but a mark that distinguishes the
services of one person from that of another, service marks do not Represent
goods, but the services offered by one individual/ company. They are used in a
service buiseness where Actual goods Under the mark are not traded.
It is a mechanism available to protect marks Used in service industry Thus a
buiseness providing service like Computer hardware and software Assembly and
maintenance, restaurant & hotel services, courier & Transport, beauty & health
care , Advertising & publishing , Educational and the like are now in a position
to Protect their names and marks being misused by others.
As service marks , the substantive and procedural Rules governing the service
marks are fundamentally the same.
 TYPES OF TRADEMARKS
• Collective marks: Marks bieng used by a group of companies can now be
protected by the group collectively. Collective marks are used to inform
public about a particular feature of the product for which the collective mark
is used. The owner of such marks maybe an association/public institution co-
operative. Collective marks are also used to promote particular product
which have certain characteristic specific to the producer in a given region.
• Certification marks: certification marks are used to define standards they
assure the consumers that the product meets certain prescribed standards.
The presence of certification marks on the product indicates that the product
has successfully gone through a standard test Specified.
It assures the buyer/consumer that the
manufacturer have gone through an audit process
to ensure the quality of the product.For example:
toys , electrical goods ,etc. Having such marking
indicates the safety and the quality of the product.

• Collective marks vs certification

marks:
Collective mark is used by a particular
enterprise/members of the association.
certification marks may be used by anybody who
makes the defined standard.
 TYPES OF TRADEMARKS
• Well-known marks:
• When a mark is easily recognised among a large percentage of population it
achieves the status of a well known mark. Well known marks enjoy greater
protection.
• Persons will not be able to register or use marks, which are limitations of
well known trademarks.
• In order to be well known, a trademark needs to be known/recognised by a
relevant action of people.
• These people include actual/potential customers, people involved in the
distribution and buiseness service dealing with the goods/services.
 TYPES OF TRADEMARKS
• Unconventional trademarks:
• unconventional trademarks are those trademarks which get
recognition for their inherently distinctive features. Unconventional
trademarks include the following category:-
1. Coloured trademark: Is a particular colour has become a distinctive
feature indicating the good of a particular trade it can be registered as
a trademark e.g: red wine.
2. Sound mark: signs which are percieved by hearing and which is
distinguishable by their distinctive and exclusive sound can be
registered as sound mark. E.g: musical notes.
3. Shape marks: when the shape of goods, packaging have some
distinctive feature it can be registered for e.g: ornamental lamps.
4. Smell marks: when the smell is dinstinctive and cannot be Mistaken
for an associated product It can be registered as smell marks. For e.g:
perfumes.
On the whole,a trademark
Is an important Means to protect
The goodwill and reputation of a
Buiseness

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