This document discusses different types of trademarks including conventional, unconventional, service marks, collective marks, and certification marks. It provides examples and definitions for each type. Conventional trademarks include words, letters, numerals, pictures, and devices. Unconventional trademarks can include color, sound, packaging, and the shape of goods. The document outlines the functions and requirements for registering different trademark types according to international standards.

1. Shristy Kaushal(CM13232)
Atul Saralach (CM13207)
Presentation On

2. “A trademark is any sign that individualizes the goods of a
given enterprise and distinguishes them from the goods of
its competitors.”

3. Functions of a Trademark
A trademark serves the purpose of identifying the source or the origin of goods.
Trademark performs the following four functions:-
• It identifies the product and it’s origin.
• It proposes to guarantee its quality.
• It advertises the product. The trademark represents the product.
• It creates an image of the product in the minds of the public particularly the
consumers or the prospective consumers of such goods.

4. • The law of trademark in India before 1940 was based on the common law principles
of passing off and equity as followed in England before the enactment of the first
Registration Act, 1875.
• The first statutory law related to trademark in India was the Trade Marks Act,
1940 which had similarprovision like the UK Trade Marks Act,1938.
• In 1958, the Trade and Merchandise Marks Act, 1958 was enacted which
consolidated the provisions related to trademarks contained in other statutes like,
the Indian Penal Code, Criminal Procedure Code and the Sea Customs Act.
• The Trade and Merchandise Marks Act, 1958 was repealed by the Trade Marks
Act, 1999 and is the current governing law related to registered trademarks. The
1999 Act was enacted to comply with the provisions of the TRIPS.

5. Service Marks
• In modern trade, consumers are confronted not only with a vast
choice of goods of all kinds, but also with an increasing variety of
services.
• There is therefore also a need for signs that enable the consumers to
distinguish between the different services such as insurance
companies, car rental firms, airlines, etc. These signs are called
service marks.
• This type of trademark is used to identify and distinguish the
services rather than the products provided by any enterprise.

6. Service Marks
• Service marks can be registered, renewed and canceled in the same way
as trademarks; they can moreover be assigned and licensed under the
same conditions.
• Service marks are also applicable for the routine maintenance or repair
work.
• The Service marks have their particular symbol which is SM and not TM.
A very prominent example is McDonald's, which is a service mark for
restaurant services, ), Wal-Mart (retail business services), and AT&T
(telecommunications services).

7. Collective Marks
• A collective trademark, collective trade mark, or collective mark is
a trademark owned by an organization (such as an association), used by
its members to identify themselves with a level of quality or accuracy,
geographical origin, or other characteristics set by the organization.
• The regulations concerning the use of the collective mark normally have
to be included in an application for the registration of the collective mark
and any modifications to the regulations have to be notified to the
Trademark Office.
• Producers of traditional regional products often use collective marks to
promote the products and help market them internationally. These
initiatives help local producers cooperate and are important tools for local
growth.

8. In several countries (for e.g., the Federal Republic of Germany, Finland,
Norway, Sweden and Switzerland), the registration of a collective mark
may be canceled if that mark is used contrary to the provisions of the
regulations or in a manner which misleads the public.
Examples are like "CA" device is used by the members who fall under
Institute of Chartered Accountants; another example is "CPA" which
denotes members of the Society of Certified Public Accountants.

9. Certification Marks
• The certification mark may only be used in accordance with the
defined standards.
• The main difference between collective marks and certification
marks is that the former may be used only by particular enterprises,
for example, members of the association which owns the collective
mark, while the latter may be used by anybody who complies with
the defined standards.
• An important requirement for the registration of a certification mark
is that the entity which applies for registration is “competent to
certify” the products concerned.

10. Certification Marks
• The certification mark identifies the origin, material, and most importantly,
the quality of the goods and services that separates a particular
brand/company from the competitors in the market. These marks are used
to access the worth of labor in manufacturing goods and services.
• In brief, Certification marks are used to define "standard" of goods and
services. Example: Woolmark, which is certified for the fabrics on
clothing, Agmark, and ISI.

11. A trademark may bedesignated by the following symbols:
 (for an Unregistered Trademark, that is,a
mark used to promote or brandgoods)
 (foran unregistered Service mark, that is, a
mark used to promote or brandservices)
 (for a registeredtrademark)

12. Conventional Trademarks.
It include letters, numerals, words, pictures.
 Unconventional trademarks.
1. Color trademarks.
2. Sound marks and olfactory marks
3. Packaging trademarks
4. Devices, Drawings
5. Shape of goods.

13. Words
• This category includes company names, surnames, forenames, geographical
names and any other words or sets of words, whether invented or not, and
slogans.

14. Letters and Numerals
• Examples are one or more letters, one or more numerals or any
combination thereof.

15. Devices
• This category includes fancy devices, drawings and symbols and also
two dimensional representations of goods or containers.
• Combinations of any of those listed above, including logotypes and
labels.

16. Colour Trademarks
Single Colour
Very unusual and peculiar in trade and can be recognized by traders and
consumers.
Combination of colours
Depends on uniqueness and what they are applied to.

17. Three-Dimensional Signs
• A typical category of three-dimensional signs is the shape of the goods or
their packaging. For example, it can be a perfume or liqueur bottle. In
order for protection to be approved, the shape must be significantly
different from what is common in the market.

18. Audible Signs (Sound Marks)
• Two typical categories of sound marks can be distinguished , namely
those that can be transcribed in musical notes or other symbols and
others.
• Depends on whether sound has became distinctive sign.
• Eg. The intel logo composed by walter werzowa(audio).
• Harley Davidson for its distinctive v-twin engine sound.
• Musical tone of Kingfisher.

19. Olfactory Marks (Smell Marks)
• Imagine that a company sells its goods (e.g. writing paper) with a certain
fragrance and the consumer becomes accustomed to recognizing the goods
by their smell.
• E.g.. Johnson &Johnson, scents etc.

20. Trademarks
• Countries may set limits on registrability for practical purposes.
The majority of countries allow the registration only of signs
that can be represented graphically, since only they can be
physically registered and published in a trademark journal to
inform the public of the registration of the trademark.
• A number of countries allow the registration of three-
dimensional trademarks, obliging the applicant either to submit a
two-dimensional representation of the three-dimensional sign
(drawing, picture or any other representation which can be
printed) or a description, or both.

21. Trademarks
• A similar problem exists for audible signs. A sequence of notes
can of course be registered as a device mark, but that registration
does not normally give protection to the actual musical phrases
so expressed. What is protected is the sequence of notes, as
registered, against the use of similar devices. Sound marks
clearly can serve as trademarks
• However, The United States of America, for example, allows the
registration of sound marks. In practical terms, this means that
the sound must be recorded and the cassette submitted to the
U.S. Patent and Trademark Office for registration.