TRADE MARK

A trademark is an intellectual property consisting of a recognizable sign, design, name, insignia or expression that identifies a product or service from a particular source and distinguishes it from others. An individual, business organization, or any legal entity can own a trademark. It serves as a legal tool to differentiate products or services from those of other companies, ensuring that consumers can identify the origin of what they are purchasing.

Trademark registration in India is crucial as it protects your brand and prevents others from using similar signs. It gives you legal rights to your brand, boosts your brand's value, and assures customers about the quality of your products or services. It also helps in brand recognition and trust-building among customers.

Types of Trademark Registrations in India

Under the Trademark Act of 1999 there are different types of trademark registrations available in India and some of them include:

Pattern Mark

• A Pattern Mark is characterised by a distinctive pattern capable of identifying products or services originating from a specific source, making them discernible from others
• Examples of pattern Mark Include iconic Louis Vuitton checkerboard pattern

Label Trademark

• A label trademark is one which protects the label/packaging of a product and the trade dress of the same to ensure the protection of the entire packaging/label of a product which is unique and distinctive to any business and acts as a recogniser/identifier of a brand.
• One of the famous brand who has trademarked their label is Coca Cola

3D Trademark

• Three-dimensional trademark is a non-conventional trademark which makes use of the three-dimensional shape of a product or its container to achieve distinction in the marketplace.
• It must meet the requirements outlined in u/s 2 (1) (zb), which indicate that in accordance with Section 9 of the Trademarks Act - which outlines that the mark must be visually representable and distinguishable from other goods and services.
• The form of the Zippo lighter, the curve of a Coca-Cola bottle, are some examples of 3D trademarks.

Slogan/Tagline

• Trademarked Slogans are creative and distinctive phrases that immediately reminds the consumer of the product.
• Trademarked Slogans offers exclusive rights for the brands to use them in their advertising campaigns.
• Nike's ‘Just Do It’ is a perfect example of a slogan trademarked.

Device Trademark

• Device trademarks are visual elements that are used to create unique and recognisable representation.
• These trademarks have artistic elements such as symbols and a word mark and can be a combination of both.
• The iconic PUMA’s symbol is a classic example of a Device trademark.