Types of Trademarks respect to Trademarks Act, 1999

Trademarks are different types with respect to Trademarks Act, 1999. The Trade and Merchandise Marks Act, 1958, do not provide the clear idea about the Trademarks. The Trademarks Act, 1999 (an amended Act of Trade and Merchandise Marks Act, 1958) clearly mentions about the different types of trademarks. Trademark is nothing but the recognizable mark or sign which mentions the products or services which associated to it. Generally, the trademarks registered for identifies the services is called service marks. The Trademarks Act, 1999 allows the registrar to register the marks in the form of word marks, collective marks, service marks, certification marks, series marks, logo and symbols. Trademarks are most common and important intellectual property, which is used by every business doing people to protect their innovative brand name. Generally trademarks are registered under appropriate classes as per their filed of business. Usually, we have 45 trademark classes. Trademark class 1 to 34 mentions the product we manufactured. Trademark classes 35 to 45 mentions the services we provide. The registered Trademark attorneys have the rights to file the trademark application to the Trademark Registry on behalf of the applicant.

Word marks

Word mark is most common type of trademark which is used by the person who wants to product their name only. In India, the word marks are registered most and it is most enough to trademark registration. The word marks are used to identify the name of the products and services as well. If your product or service name is in the form of text only, you will definitely go for this word mark. It is a distinctive text to identify your brand name and business. For example Coco-cola mentions the product of cool drinks which is used in worldwide. The right hand side of the word mark contain the ™ and ® symbols. The ™ mentions the mark which is going to be registered and the trademark application is filed and ® mark mentions the registered trademark. The word mark is registered under trademark classes 1 to 34.

Service marks

Service marks are a type of trademark which mentions the services deals by the business or the company. Many of the companies use both the trademark and service mark why because they providing both the goods and services. For example of service mark is McDonalds. The service marks are under the trademark classes 34-45.

Logos and symbols

A logo is the graphical representation of your brand name. If you want to register your logo for the respective brand name which is made possible in same Trademark application. If you failed to register your logo in your trademark application, you have to file a separate application for it and make a logo registration. The logos are a unique design or pictorial representation of your brand name. Logos also registered under the appropriate classes with respect to their products or services provided. If you want to register both logo and word mark, you have to file both word mark and device mark. For example, apple is a well-known logo which mentions each and every products of Apple.

Shape of Goods

The shape of goods is one of the types of trademark which is used to mentions the shape of the particular product. The Coco-coal has the recognition of shape of goods. The company, who wants to product their appearance of products, files this type of application. It is registered as the name of Trade dress. The shape of coco-cola bottle is different from others by registering this shape of goods.

Series marks

Series marks is one of the types of trademark, which represents the same prefix or suffix and it belongs to same family of already registered brand and which shares the common name. For Example McDonalds have the series of services like Mc Chicken, Mc veggie etc.  It having the same series “Mc” and different products which are belonging to the same family. But they should vary from its price, ingredients added and its appearance.

Collective mark

It is one of the types of trademark which is used by the institution or organization. Collective mark denotes the indication of particular organization and the person who is a member of such organization can use such mark. The owner of the organization can be filed the collective mark application and it can be used by the members to represent them as a part of that organization. For example, CA is a collective mark of Institute of Chartered Accountant and it gives the liability to its certified member to use this mark.

Certification mark

Certification marks is one of types of trademark and which denotes the standard of goods and services provided by the registered owner. It is used for indicates the specific quality of services which is met by that manufacturing company. This mark creates the awareness among people of trader’s goods and services. It is not an easy thing to obtain. The trader’s goods and services must clear and met the requirements of the certifying authority. After all requirements fulfilled, the authority will provide the certification mark. For example, ISI is a Certification mark which is given to the traders for their standard and quality of their products. FSSAI is also a certification mark, which represents the standard and quality of packaged food products and food manufacturing industries.

Geographical indication mark

It is one of the types of trademarks and intellectual property rights. Geographical indication (GI) is used for the products of unique nature, quality and reputation of the product which belongs to particular region or place of origin. GI is given by the Geographical Indications registry to the natural, manufactured, hand grafted products of particular place of origin. It is based on geographical region. So it is the identification of that region and no other have the right to use that indication.   For example, the registered GI of Mysore is Mysore Sandal Soap, and Mysore jasmine. The registered GI of Tamilnadu is Kanchipuram silk, Coimbatore Wet Grinder, Thanjavur Paintings.

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