In India, trademarks are available to protect different types of brands and the products and services they offer. These trademarks assist businesses in protecting various elements of their brand name and logo, including sound, shape, and symbol, as well as the way a brand is represented.
A product mark is a trademark used to identify products that belong to a specific company. Manufacturers and traders commonly use them to identify their physical products.
A service mark is a trademark used to identify services rather than physical products. Businesses that provide services (consulting, hospitality, banking, etc.) use service marks to protect their brand identity as it relates to providing services.
A collective mark is a trademark used collectively among a group or association and can indicate membership in that organisation. A collective mark indicates that a product or service comes from a member of an association and conforms to certain standards.
A Certification Mark is a certification of a product or service based on certain quality indications of manufacture, production, or transaction methods, etc. Certification marks are issued by an organisation authorised to ensure consumers that the product/service meets specified quality and/or authenticity requirements.
A Shape Mark protects the shape of its packaging or an object which is distinctive and identifies an entity's brand as a result of its long use. A distinct product shape may be registered as a Trademark if it can be illustrated as associating the shape with a specific entity.
A pattern mark protects distinctive patterns used on packaging or products to promote and identify the goods and services of an entity. These patterns need to be unique to the entity and easily identifiable in order to identify the entity's products and services from those offered by competitors.
A Sound Mark identifies a specific sound creating a distinctive brand. Sound marks can be musical notes, jingles or other audio signatures used by an entity in advertising or marketing efforts, to facilitate immediate brand recognition.
Trademark signs are legal identifiers of a brand name, or logo or mark, to signify to the public who owns the mark of a trademark, which is a way of protecting intellectual property. Trademark symbols provide assurance of whether a trademark has been registered or merely claimed by a trademark owner. Below are several common trademark symbols.
A trademark symbol™ indicates that a business claims a brand through goods or products as its brand, regardless of whether the trademark has been registered. The use of the trademark symbol™ provides notice to the public that the owner of the mark considers the mark to be their trademark and claims to have the right to protect the trademark.
The ® symbol is a registered trademark symbol indicating that the trademark has been fully registered and is legally in accordance with the regulations of the relevant trademark authority. The owner of a registered trademark has the exclusive legal right to use that trademark for the purpose of marketing and distribution of goods and services, and can pursue legal action for the unauthorized use of the registered trademark.
The service mark symbol SM is a trademark symbol that denotes a trademark used for marks relating to services rather than marks for physical goods. The use of the service mark symbol SM is fairly common with businesses offering services to others such as, but not limited to, providing consulting, educational, or hospitality services, even prior to obtaining a formal registration of an actual service mark.
To register a trademark, business owners must follow the Nice Classification System, which defines 45 different Trademark classes based on goods or services provided by a company. Classes 1 through 34 represent Goods, such as Chemicals, Machinery, Clothes and Foods, while Classes 35 through 45 represent Services, such as Advertising, Education, Hospitality, and Legal Services.
To select the appropriate Trademark Class, business owners can first identify what they are primarily selling or providing when selecting Trademark Classes. They then match what they are selling or providing with the appropriate Trademark Class based on the Nice Classification System. It is important for companies to select the proper Trademark Class because the Trademark will only apply to the Class that has been registered and if they choose incorrectly, it can limit their legal protection and/or could lead to a legal objection to their Trademark Application.
| Class | Covers |
|---|---|
| Class 9 | Includes computer software and electronics |
| Class 25 | Covers clothing |
| Class 35 | Relates to business management and advertising |
| Class 41 | Pertains to education and entertainment |