Understanding the Types of Trademark in India

Trademarks are a cornerstone of brand identity. A Trademark Registration not only distinguishes your products or services from competitors but also offer legal protection against misuse. In India, trademarks can come in various forms, each offering different types of protection depending on how your brand interacts with consumers.

This article explains the types of trademark available under Indian law in a simple and legally accurate manner, helping you choose the right type of protection for your business.

What is a Trademark?

A trademark is a legally registered symbol, word, phrase, design, or combination thereof that identifies and differentiates the goods or services of one business from another. In India, trademarks are governed by the Trade Marks Act, 1999, and registered with the Controller General of Patents, Designs & Trade Marks (CGPDTM) under the Ministry of Commerce and Industry.

Major Types of Trademark in India

Each type of trademark serves a specific function in brand representation. Here’s a breakdown of the most commonly used trademark categories in India:

1. Product Marks

Definition:
Marks that are used specifically on goods or products.

Example:
The Nike logo on shoes.

Purpose:
Identifies the origin of the product and assures customers of its quality.

2. Service Marks

Definition:
Marks used for services rather than physical products.

Example:
Airtel’s logo used in telecom services.

Purpose:
Helps distinguish service-based businesses such as telecom, hotels, or banking from their competitors.

3. Collective Marks

Definition:
Marks used by members of an association or group to show collective ownership.

Example:
CA used by members of the Institute of Chartered Accountants of India (ICAI).

Purpose:
Indicates that the goods or services originate from a specific group or association and meet certain standards.

4. Certification Marks

Definition:
Marks that certify a product meets defined standards of quality or origin.

Example:
ISI mark for safety standards, AGMARK for agricultural products.

Purpose:
Assures consumers of a product’s quality, origin, or compliance with industry standards.

5. Shape Marks

Definition:
Marks that consist of a unique shape of goods or packaging that distinguishes them from others.

Example:
The distinctive Coca-Cola bottle shape.

Purpose:
Provides a visual identity that’s associated exclusively with the brand.

6. Sound Marks

Definition:
Marks represented by a sound uniquely associated with a brand.

Example:
Yahoo’s yodel or the Nokia tune.

Purpose:
Creates brand recall through audio branding.

7. Pattern Marks

Definition:
Marks consisting of a specific pattern that identifies the source of a product or service.

Example:
Louis Vuitton’s signature check pattern.

Purpose:
Adds a visual style or design element that consumers associate with a brand.

8. Colour Marks

Definition:
Trademark protection for a specific colour or colour combination associated with a brand.

Example:
Tiffany Blue for Tiffany & Co.

Purpose:
Brand differentiation through consistent use of colours in packaging or design.

9. Three-Dimensional (3D) Marks

Definition:
Marks that use a three-dimensional shape to distinguish a product.

Example:
The 3D shape of KitKat’s chocolate bar.

Purpose:
Grants protection over unique shapes that are central to a product’s identity.

10. Logos and Symbols

Definition:
Graphical representations used to visually identify a brand.

Example:
The Apple logo.

Purpose:
Establishes instant brand recognition and trust.

Which Type of Trademark Should You Register?

Choosing the right type of trademark depends on:

• Nature of your business (product vs service)
• Distinctiveness of your brand
• Mode of consumer interaction (visual, audio, packaging, etc.)
• Regulatory standards (for certification or collective marks)

For strong brand protection, a combination of wordmarks, logos, and domain-specific marks (like sound or 3D shapes) can be registered together.

Legal Protection of Trademarks in India

Once registered, a trademark provides:

• Exclusive rights to use the mark
• Legal recourse against infringement
• Asset value as it can be licensed, sold, or franchised
• 10 years of protection, renewable indefinitely

The Trade Marks Act, 1999 allows businesses to initiate legal action in case of any misuse, counterfeiting, or passing off of their registered trademarks.

FAQs on Types of Trademark in India

1. Can a single brand have multiple types of trademarks?
   Yes, a brand can register different types such as logos, sound marks, and wordmarks.
2. Is a logo a different trademark from a wordmark?
   Yes, both are considered separate trademarks and can be registered individually.
3. Are colours or shapes eligible for trademark registration?
   Yes, unique colours and product shapes can be trademarked if they are distinctive.
4. Do service providers need to register service marks?
   Yes, service providers like consultancies or telecoms should register service marks.
5. What’s the difference between a collective and certification mark?
   Collective marks represent a group; certification marks assure compliance with quality standards.
6. Is sound mark registration common in India?
   While not very common, sound marks can be registered if they are unique and recognizable.
7. Can packaging design be trademarked?
   Yes, distinctive packaging falls under 3D or shape trademarks.
8. Is it mandatory to register all types of trademarks for a brand?
   No, but it is advisable to register those that significantly contribute to brand identity.
9. How long does a trademark registration last?
   It is valid for 10 years and can be renewed indefinitely every 10 years.
10. Can an individual apply for a trademark, or is it only for companies?
    Individuals, companies, partnerships, and LLPs can all apply for trademarks.

Need Help With Choosing and Registering the Right Type of Trademark?

Let Tradeviser’s Expert Consultancy Services guide you. Whether you’re registering your first brand identity or expanding into new categories, we ensure accurate filings, timely responses, and expert legal advice tailored to your business. Contact us today to safeguard your brand with the right type of trademark registration.