Types of trademark
How do we identify a brand?
By its logo , tag , design ,symbol , the colour combination .
All these things suddenly pops in our mind when we think of a brand , it helps us identifying a brand and distinguishing it with other brands .
Now many companies have been spending a nice amount of money on logo , as people are now getting aware of the importance of trademark and getting their trademark registered as well. They can only ask for the rights (when infringed ) when their trademark is registered .
Types of trademarks
Product mark
Every product has a mark on it usually helps in identifying the product the features of the product that reputation and the birthplace of the product.
Product mark cannot be used on services but goods or products.
Class 1 to 34 are generally categorised under product marks.
Service mark
It resembles the product mark but it is not required to identify a product or food it is required to identify the services.
Class 35 to 45 are generally categorised under service mark.
Word mark
When only a word or a simple text is used to donate a trademark it would be a word mark . The word a text is not in any style or artistic elements and this type of registration of trademark gives the highest legal protection as it allows the owner to modify the word mark in any way.
Device Mark
Basically a word mark with style, quotes artistic elements in it.
The ingredients in a device Mark protects itself but not the individual element of the product.
If a device Mark is registered in a particular colour the protection is confined to that particular colour only.
In case the device Mark is registered in black and white colour it provides a much broader protection to the device mark.
Shape trademark
Few of the product main characteristics or features lies in the shape of the product and such product register for shape trademarks. Registration for shared trademark cannot be considered it is being taken for the container of the good.for example-Toblerone chocolate.
Colour trademark
A colour trademark can only been registered if it is a really different colour , unique colour and very distinctive in nature. Suppose a mix of yellow and orange colour would not be considered for the registration of colour trademark.
The colour that has to be registered under trademark needs to be really unique, not something very familiar and on going and which can be easily recognised by the customers.
for example – The Cadbury brand chocolate wrappers are easily recognised by the consumers as the colour is unique.
Collective trademark
A collective trademark is for a particular profession or field it basically helps in recognising the members and nonmembers of that particular group.
For example Dr. mentioned in front of the name can only be used by specific people who are qualified to use it. Thus ,it helps in distinguishing the members and non-members.
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