TRADEMARK

TRADEMARK

TRADEMARK



Meaning of the Trademark

A trademark is a unique mark or sign representing you, your company, your products or the services that you provide and distinctive in nature, which distinguishes it from one firm to another and thus building reputation. You can describe your business in a number of ways; it can be in your company name, brand name, label, product name, logo, tagline, and domain names. It is necessary that all the intellectual property rights of your company, including trademarks, should be established and secured as IPR is the oil of the 21st century.


 Word mark

 Device mark

 Collective mark

 Certification mark

 


The most common type of mark is a word or other grouping of letters/alphabets. Also referred to as the "standard character" mark, no claim to any shape or color or font size. Examples are Banana for a clothing brand or Pegasus for a shoe brand, etc. It is not necessary for the word to have any meaning or logo.

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Device marks are generally referred to as Logos, Pictures of Drawings, Combinations of Pictures and words or Drawings; include any label, sticker, monogram, logo or geometric figure other than a wordmark.

 

 

 


A collective trademark or collective mark is a trade mark used by a group or its members to distinguish themselves with a degree of consistency or precision, geographical origin, or other characteristics as specified by the entity. Examples: TATA Motors, TATA chemicals, TATA steel, TATA communications, etc.

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 The certification mark provides consistency, while the collective mark provides both quality and source. The owner may register the certification mark, while the group of individuals may register the collective mark. Examples: ISO mark, ISI, BIS.

 Sound mark

 Colour mark

 Shape mark

 


Sound marks are a non-conventional trademark and can be registered in India, sound features are used as an indicator for the origin of products or services. The important ingredient is the appearance in the sound of factual distinctiveness capable of generating an immediate recall value for the product or service. Some of the registered sound marks in India are as follows:

 

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National Stock Exchange Theme Song (2152243)


A colour trade mark is a non-conventional trade mark where at least one colour is used to perform the trade mark function of identifying the commercial origin of products or services. The particular colour or combination of colour is recognized as a trademark if it is established that the colour(s) function as a unique identifying mark to identify the origin of goods or services. A colour mark in India can be registered as the consumers can link it directly with the product, for example; white and red for Colgate.




The shape marks have three-dimensional marks or shapes which are capable of distinguishing goods and services of one trader from another, which have been registered as trademarks. A shape mark is also known as shape trademarks. Such a shape must have the capability of finding goods sold under the trademark.
For e.g. Coca-cola bottle(2097362), xbox 360  


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