TRADEMARK REGISTRATION: Types of Trademark Registration

What is a Trademark…?

TRADEMARK REGISTRATION: Types of Trademark Registration

Trademark is a visual symbol, mainly a ‘BRAND’ or a ‘LOGO’ which may be a word, name, label or numerals used by a business entity to distinguish it goods or services from other similar goods or services; those of the competitors and to also earn royalties. Trademarks are registered under the Trademark Act, 1999 & provide the owner the right to sue for damages when infringements of trademarks happen. Registered trademark is an intangible asset of the business used to protect the company’s investment in the making of the brand or symbol. Trademarks proposed which are identical to an existing registered trademark cannot be registered.

Trademark is an essential characteristic of the business’s brand. Many international brands have the brand’s name and logo combined into one known as a Logo Composite Mark. Also, trademarks are not registered by the trademark department if it is found offensive, deceptive, and not distinctive; etc. Trademarks in India are registered by the Controller General of Patents Designs and Trademarks, Ministry of Commerce and Industry, Government of India. The applicant gets a ™ within three days, but it takes up to two years to be registered to use the ® symbol

Register your Trademark Through Taxcure India

ADVANTAGES OF TRADEMARK REGISTRATION

• Trademark ensures legal protection.
• Offers greater business opportunities.
• Ensures goodwill.
• Leads to creation of an asset.
• Popularizes the brand.
• Unique Identity of the brand.

WHO CAN APPLY FOR A TRADEMARK?

• Individual
• Joint owners of a company
• Proprietorship firms
• Partnership firms (with a maximum of ten partners)
• Limited Liability Partnerships (LLPs)
• Indian companies
• Foreign companies
• Trusts Societies

Types of Trademark Registrations

• Product Mark: This type of trademark is affixed to goods or products, aiding in identifying their origin and preserving a company’s reputation. Trademark applications falling under classes 1-34 are typically classified as product marks as they pertain to tangible commodities
• . Service Mark:  Similar to a product mark, a service mark is used to identify services rather than physical products. Service marks primarily help differentiate the providers of certain services from others. Trademark applications falling under classes 35-45 are often regarded as service marks related to service offerings.
• Collective Mark : A collective mark conveys specific characteristics of products or services associated with a particular group. It allows individuals or entities to protect and represent goods and services collectively. The trademark holder may be an association, a public institution, or a Section 8 corporation.
• Certification Mark : The owner issues these marks to indicate information about a product’s origin, composition, quality, or other pertinent data. Certification marks establish product standards and assure consumers that the product meets standardized quality benchmarks. They are commonly found in packaged goods, toys, and electronics.
• Shape Mark : Shape marks are employed to secure the distinct shape of a product, making it easily recognizable to consumers as originating from a specific manufacturer. Registration is contingent on the shape being deemed distinctive. 
• Pattern Mark : Pattern marks are used for products featuring unique, designed patterns that serve as distinguishing features. To qualify for registration, these patterns must stand out as distinctly recognizable
• Sound Mark : Sound marks are distinctive sounds associated with products or services from suppliers. Sound logos, often known as audio mnemonics, are commonly heard at the beginning or end of commercials. An example in India is the IPL tune.

List of Required Documents for Trademark Registration

• PAN CARD
• ADHAR CARD
• PHOTO
• MOBILE NO
• EMAIL ID
• TRADE NAME (XYZ ENTERPRISES)
• LIGHT BILL (For Address)
• CANCELED CHEQUE
• LOGO

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