Types of Trademark

A trademark is a logo or a collection of letters and numbers that a corporation uses to claim ownership of a term or design that is used to symbolize its products and services. Product marks, service marks, collective marks, certification marks, shape marks, sound marks, and pattern marks are all types of trademark that can be registered. Though there are many different types of trademark, they all serve the same purpose: to let consumers identify goods and services that come from a specific manufacturer or service provider. The numerous types of trademark registration are discussed in this article. Product MarkA product mark is a mark that is applied to a good or a product instead of a service. This sort of trademark is used to identify the origin of a product and aids in the maintenance of a company's reputation. Because they represent commodities, trademark applications filed under trademark classes 1-34 could be considered product marks. Service MarkA service mark is similar to a product mark, except that it represents a service rather than a commodity. The fundamental objective of a service mark is to distinguish its owners from those who run other businesses. Because they represent services, trademark applications filed under trademark classes 35-45 could be classified as service marks. Collective MarkA collective mark is used to alert the public to certain distinguishing characteristics of a product or service that represents a group. This mark can be used by a group of people to protect a product or service collectively. A trademark holder can be an association, a public institution, or a Section 8 corporation.In a collective mark, the product criteria are usually set by the regulator who owns the mark. Others connected to the collective are held accountable for upholding particular standards when using the mark in the course of their business. The Chartered Accountant designation is a well-known collective brand in India. Certification MarkA certification mark is a symbol used by the proprietor to indicate a product's origin, material, quality, or other specific features. The main goal of a certification mark is to highlight a product's standard and provide buyers with assurance. A certification mark can also be used to raise the product's standard among customers by demonstrating that it has undergone quality assurance tests. Typically, certification marks can be seen on packaged goods, toys, and electronics. Shape MarkShape Mark is solely used to secure the shape of a product so that customers associate it with a specific manufacturer and choose to purchase it. A product's shape can be registered after it is recognised as having a distinctive shape. The Coca-Cola or Fanta bottles, for example, have a characteristic shape that is easily identified with the brand. Pattern MarkPattern markings are products with distinctive designed patterns that serve as the product's distinguishing feature. Patterns that do not stand out as a distinctive mark are often disregarded since they provide no purpose. For a pattern to be registered, it must provide proof of its existence. Sound MarkA sound mark is a sound that can be identified with a specific supplier's product or service. People who can register a sound mark can instantly identify the service, product, or show that the sound symbolises when they hear it. Audio mnemonics, or sound logos, are most likely to appear at the start or finish of a commercial. The melody for the Indian Premier League is the most popular sound mark in India. Smell TrademarkOnly a few trademarks of this type have been given international registration. In India, however, a mark must be able to be visually depicted to qualify as a trademark. The public should be able to recognise and identify such a representation. Furthermore, a functional odour is not allowed to be registered.Aside from that, a fragrance that is either functional or descriptive is not allowed to be registered. A perfume with additional nail polish remover to hide the chemical odour, for example, can be considered a useful smell. A fragrance that is the natural outcome of a mixture of chemicals is also ineligible for trademark protection. Another type of legal protection for differentiating businesses is:Trade DressIdentifying features of a product or firm, such as packaging elements, décor items, and other similar notions, are included in trade dress. Product features are frequently protected under trade dress rather than a form of trademark. The basis for trade dress protection is strong if a consumer associates a specific feature or features with a brand or firm rather than the actual goods.The bottle of Listerine mouthwash is an example of a trade dress. Because the bottle's distinctive flat shape makes it easily recognised to customers shopping for Listerine, it was granted patent protection, preventing competitors from manufacturing a confusingly identical bottle design. Importance of Types of TrademarkIt's crucial to know the differences between each form of the trademark before filing a trademark application. To begin, a trademark must be distinct and unique to be protected under the Trademark Act of 1999. If your trademark appears to be too similar to those already on the market, you should consider changing it to make it eligible for registration.A trademark's distinctiveness is critical since it provides the goods with its identity. There was a great deal of uncertainty and misunderstanding in the market before the trademark regulations were regulated. ConclusionBefore registering a trademark, it's critical to understand what kind of protection it provides to the owner. The reason for this is that each one has its own set of elements and requirements. A trademark is a valuable instrument that a business owner can utilise to monetize both his trademark and his product. A trademark also serves as a shield, protecting the registered trademark owner's rights from other market competitors. Finally, a trademark can be used as a weapon by the owner, who can use the rights entrusted to him to sue others who infringe on his trademark. As a result, before registering a trademark, it is critical to give it the attention it deserves.