Trademark is a logo, sign, expression, mark or combination of characters and numerals used by a company to represent its products and services. There are various of types of trademarks which can be registered like product mark, service mark, collective mark, certification mark, shape mark, sound mark and pattern mark. Though there are many kinds of trademarks, their purpose is for the same – which is to enable the consumers identify goods and services originating from a certain manufacturer or services provider.
The various types of trademarks are-
Product Mark
A Product mark is a mark which is used on a good or on a product rather than on a service. This type of trademark is used to recognize the origin of the product and helps in maintaining the reputation of a business. Trademark applications filed under the Nice Classification 1-34 could be termed as a product mark, as they represent goods.
Service Mark
Service mark is quite similar to the product mark; the only difference is that a service mark is used to represent a service rather than a product. The main purpose of the service mark is that it distinguishes its proprietors from the owners of other services. Trademark applications filed under Trademark Class 35-45 could be termed as a service mark, as they represent services.
Shape Mark
Shape Mark is exclusively used to protect the shape of the product so that the customers find it relatable to a certain manufacturer and prefer to buy the product. The shape of a particular product can be registered once it is recognized to have a noteworthy shape. For example, the Coca-Cola bottle or Fanta bottle, is a shape mark which have a distinctive shape identifiable with the brand.
Pattern Mark
Pattern marks are those products that have specific designed patterns that come out as the distinguishing factor of the product. Patterns which fail to stand out as a remarkable mark is generally rejected since it does not serve any purpose. For a pattern to be registered, it has to show evidence of its uniqueness.
Sound Mark
Sound mark is a sound that can be associated with a product or service originating from a certain supplier. To be able to register a sound mark, when people hear the sound, they easily identify that service or product or a shows that the sound represents. Sound logos are called as audio mnemonic and is most likely to appear at the beginning or end of a commercial. The most popular sound mark in India is the tune for IPL.
Smell Mark
When the source identifier of goods is a smell, then it is termed as Smell Mark. Smell Marks are a lot tougher than sound marks to be registered because they lack any form of representation.
Some of the examples of smell marks that are registered by the USPTO are bubble gum scent for sandals, toothbrush with the smell of strawberry, lubricants for combustion engines with the smell of strawberry, cherry and grape. In India, no smell marks have been registered till date.
Device Mark
Logos or a specific mode or design of a name is called Device mark. A device mark includes any label, sticker, monogram, logo or any geometrical figure other than word mark. Examples of a device mark trademark are – The Android symbol, Apple Logo, etc.
Collective Mark
“A collective mark is a mark distinguishing the goods or services of members of the association which is the proprietor of the mark from those of other undertakings.” The main feature of a collective mark is that it is used as an indication to the relevant public that goods or services originate from a member of a particular association. It is therefore a sign of membership.
The main feature of a collective mark is that it is used as an indication to the relevant public that goods or services originate from a member of a particular association. It is therefore a sign of membership.
For example, the “CA” device used by the Institute of Chartered Accountants.
Certification Mark
“A certification mark is a mark indicating that the goods and services in connection with which it is used are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.”
The main feature of a certification mark is that it is used not by the proprietor of the mark but instead by his authorised users for the purpose of guaranteeing to the relevant public that goods or services possess a particular characteristic. The proprietor’s mark certifies the presence of the characteristic and will authorise the use of the mark to anyone who can demonstrate that the goods and services for which it will be used have that characteristic. Certification marks are usually seen on packed foods, toys and electronics.
Associated Mark
Associated Trademarks refer to those marks which are owned by the same proprietor in respect of identical or similar goods and services, which would otherwise be likely to deceive or cause confusion if used by a person other than the proprietor. These marks are entered on the register as associated with the earlier registered trademarks in order to prevent the existence of multiple rights in the market. For example, ‘ADDIDAS’ originally registered its mark when it began its operations whereas it has now come up with other marks such as “the three-stripe logo”, “Adicolor”, “Springblade”, etc. which are its Associated marks.
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