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The article discusses the difference between types of trademark, the definition of wordmarks, Trademark logos, Trademark Symbols, Service marks, Series marks, GI etc.

Author - Associate Nupur Mehrotra

TRADEMARK

A trademark is regarded as a unique symbol or sign which is used by a different organization to safeguard their goods and services from losing their identity in the competitive market. Trademark defined under section 2(zb) of the Trade Marks Act,1999 as, ’’trademark means a 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 the shape of goods, their packaging, and combination of colors’’.

Trademarks are both beneficial for a business as well as for consumers as the consumers can identify the particular brand of their choice and business entities can safeguard their products from the fraudulent trademark.

The Trademark Act, 1999, permits the registration of different types of trademark listed below-

WORDMARKS

A wordmark or logotype is basically a peculiar text-only typographic treatment that is used for the name of any company, institution or any product for the purpose of identifying or branding it. It consists of only the name and not symbol or badges. IBM, MICROSOFT, DELL, etc are few examples of word trademark. Wordmarks are the most common type of trademark which is found and registered in India.  So if the business entity consists of only text, it should go for wordmarks.

TRADEMARK LOGOS AND TRADEMARK SYMBOLS

A logo is defined as a symbol, design or a graphic image that is used by any business entity, institution or any service. Mainly it does not consist of any word but in case if any word is used with a graphical usage, the business entity must go for both, word as well as trademark logos and trademark symbol. For example, Google uses both words as well as a graphic trademark. On the other hand, Apple has a peculiar symbol and graphic design which is used for all the product sold by Apple and no other individual or company can use a similar logo for their goods and services. Registration for both wordmark and logos can be done is a single application in India.

SERVICE MARKS

A service mark is a trademark that is used in particular to identify the service provided by the particular business entity. It is used for advertising of a service rather than on the packaging of a product. It might consist of any word, phrase, symbol or combinations of them. It safeguards the business entity to get potentially confused by the consumers using the service of that particular company as it prevents the other entities in the market to copy the same symbol or name. 

Service marks are used mainly by the private carrier as they can paint their unique service marks on the vehicles like planes, buses, cars, trucks, etc used by them for providing service to the consumer. Jet Airways, Spice jet, FedEx courier service are some of the examples of service marks. So the business entities involved in providing such services can go for the service marks to safeguard their interest.

SERIES MARKS

According to section 51(3), a “series of trademarks means a number of trademarks that resemble each other to their material particulars and differ only as to matters of a non-distinctive character not substantially affect the identity of the trademark ’’. In simple words, service marks are those trademarks which have a similar prefix, suffix or a common syllable and are different only in price, quality and, size. 

It is very important to note that to apply for a series trademark it must resemble in material particular and the idea of the mark necessarily be the same. For example, Fox Film Corporation has registered under trademarks like FOXTEL FOOTY VIEW, FOXTEL CRICKET VIEW, etc. Therefore, if any business entity wants to go for such a vast series of product or work must go for series mark trademark.

SHAPE OF GOODS

A shape trade is regarded as a three- dimensional shape which is mainly used to distinguish goods and services entities from one another. It must include trademarks which consist of shapes and packaging which are capable of being represented graphically. It must also satisfy tests such as the shape should not result from the nature of goods itself, the shape should be unique for registering, it should not necessarily be obtained from a technical result, etc. It must also be of two dimensional or photographic reproduction.

There is a long list that must be fulfilled to get a trademark for shape. Coca-cola is one of the examples of shape trademark as its unique shape cannot be copied by the other entity. Any business entity registering with such shape should ensure that their product satisfies the criteria.

COLLECTIVE TRADEMARKS

A collective trademark is a type of trademark which is retained by any organization or any institution and used by the members to differentiate themselves with the level of quality, accuracy or any other characteristics planned by the organization. Collective mark basically functions to inform the public about the uniqueness of particular organizations.

Any organization which aims to promote the same factor must make usage of a collective trademark. To simplify further, Chartered Accountant is represented by the trademark CA in any region or place and it cannot be used by any other institution.

GEOGRAPHICAL INDICATORS

A geographical indicator is a sign used for particular goods and services that have a particular geographical origin and also contains specific qualities of that particular region. The geographical indicators are indicated by the GI symbol and are allowed to the agricultural, natural, manufactured and handicrafts good that comes from a particular geographical origin. It is most importantly granted to unique products.

CERTIFICATION MARK

This mark is specifically given to portray quality standard that the particular business entity has met. This mark will ensure that the public will be aware, that the trader’s goods are certified of having met the particular standard as defined by the certifying body. For example, the FSSAI is the largest certification for the quality of packed food products. It is very necessary for the business entities to go for the certification mark to ensure goodwill in the market and consumers should be aware of such marks.

Every business entity must remember that the brand identity is the icon of the company and product. It is the badge that represents the brand and the relationship with the consumer and therefore, it must be protected.