A mark that is capable of distinguishing the goods or services of one person from the others is called a trademark. In India trademark registration can be sought for a brand name, logo, slogan, melody etc. Obtaining trademark registration helps holder to establish a unique image in the minds of people and help him in acquiring a good market share.
Types of Trademark -
The trademarks can be divided into categories based on their characteristics and features. The various types of trademarks are as follows-
1) Word Mark - Word mark includes the words, letters or numerals. It provides an exclusive right to the holder over the word, letter or numeral. It is generally associated with the name of the product. However, the word mark does not provide any kind of protection to the manner in which that word, numeral or letter is represented.
2) Service Mark - Service Mark is a mark that helps to uniquely identify the services of one person from other. However, it does not apply to goods and is exclusively related to services. They can be sought by the business entities who are engaged in providing services.
3) Collective Mark - Collective marks are linked with a group of people and not one single product or service. These trademarks are primarily owned by an organization, institutes or any association that is related to several members. They are used by the group of members to identify themselves with the level of quality or accuracy, also they are related to the geographical origin or other characteristics set by the organization.
4) Unconventional Trademark - The trademarks which are outside the purview of traditional marks are called unconventional trademark. They include trademarks for color, smell or sounds. Just as conventional trademarks these trademarks also uniquely identify the commercial origin of products or services. However getting these trademarks registered is often difficult as compared to traditional marks.
5) Certification Marks - Certification marks are used to define standards of the product. A certificate mark on the product assures the consumers that the product meets certain prescribed standards. Further, it assures the consumer that the manufacturers have gone through an audit process to ensure the quality of the product. For example, Toys, Electrical goods, food items etc. have such marking that indicates the safety and the quality of the product.
Logo/Design - Logo consists of unique symbols, color combinations, graphic designs and unique fonts. It is used by the organizations to establish a unique and recognizable identity in the market.