A trademark is a mark capable of distinguishing goods or services of one person from another, including variations like word marks, device marks, service marks, and unconventional marks such as color or sound. Types of trademarks include collective marks for groups, certification marks for quality assurance, and well-known marks that receive greater protection against imitations. Overall, trademarks are vital for protecting a business's goodwill and reputation.

1. TRADEMARK
&
TYPES OF
TRADEMARKS

2. WHAT IS
TRADEMARK?

3. WHAT IS TRADEMARK?
 Trademark is defined under section 2(zb) of The Indian
Trademarks Act 1999 as "mark capable of being represented
graphically and which is capable of distinguishing the goods or
services of one person from those of others and may include a
shape of goods, their packaging and combination of colours."
 In simple words, a trademark may include a device brand heading
label ticket name signature word letter numeral a shape of goods
packaging OR combination of colours OR any such combinations -
Section 2(m).
 The only qualification for a trademark being its capacity to
distinguish the goods OR services of one person from that of
another.

4. WHAT ARE
THE TYPES
OF
TRADEMARK?
A T R A D E M A R K M AY B E D I V I D E D I N T O T H E
F O L L O W I N G C AT E G O R I E S :

5. Trademarks
Word Marks
Device Marks
Service Marks
Collective Marks
Certification
Marks
Well Known
Marks
Unconventional
Marks
Colour Marks
Sound Marks
Shape Marks
Smell Marks

6. TYPES OF TRADEMARKS
 WORD MARKS:
Word marks may be letters or numerals.
A word mark gives the proprietor a right only in the
word, letter or numerical.
No right is sought with respect to the representation of
the mark.
 DEVICE MARKS:
Where the trademark lies in the unique representation
of a word, letter or numerical; it is called as a device
mark.

7. TYPES OF TRADEMARKS
 SERVICE MARKS:
o A service mark is nothing but a mark that distinguishes the services of one person
from that of another.
Service marks do not represent goods, but the services offered by one individual
/ company.
o They are used in a service business where actual goods under the mark are not
traded.
o It is a mechanism available to protect marks used in service industry.
Thus, a business providing services like computer hardware & software assembly
and maintenance, restaurant & hotel services, courier & transport, beauty &
health care, advertising & publishing, educational and the like are now in a
position to protect their names & marks from being misused by others.
o As service marks, the substantive & procedural rules governing the service marks
are fundamentally the same.

8. TYPES OF TRADEMARKS
 COLLECTIVE MARKS: Marks being used by a group of companies can now be
protected by the group collectively. Collective marks are used to inform public
about a particular feature of the product for which the collective mark is used. The
owner of such marks may be an association / public institution / cooperative.
Collective marks are also used to promote particular products which have certain
characteristics specific to the producer in a given region.
 CERTIFICATION MARKS: Certification marks are used to define standards. They
assure the consumers that the product meets certain prescribed standards. The
presence of certification mark on the product indicates that the product has
successfully gone through a standard test specified. It assures the buyer / consumer
that the manufacturers have gone through an audit process to ensure the quality of
the product. For example: Toys, electrical goods etc; having such marking indicates
the safety & the quality of the product.
 COLLECTIVE MARK vs CERTIFICATION MARK:
Collective Mark is used by a particular enterprise / members of the association.
Certification Mark may be used by anybody who meets the defined standards.

9. TYPES OF TRADEMARKS
 WELL - KNOWN MARKS:
 When a Mark is easily recognised among a large percentage
of population it achieves the status of a well-known mark.
Well-known marks enjoy greater protection.
 Persons will not be able to register or use marks, which are
imitations of well-known trademarks.
 In order to be well-known, a trademark needs to be known /
recognised by a relevant section of people.
 These people includes actual / potential customers, people
involved in the distribution & business service dealing with
the goods / services.

10. TYPES OF TRADEMARKS
 UNCONVENTIONAL TRADEMARKS:
Unconventional trademarks are those trademarks which get recognition for their inherently
distinctive feature.
Unconventional trademarks include the following categories:
– COLOUR TRADEMARK: if a particular colour has become a distinctive feature indicating
the goods of a particular trade it can be registered as a trademark. E.G: Red Wine
– SOUNDS MARKS: sign which are perceived by hearing and which is distinguishable by
their distinctive & exclusive sound can be registered as sound marks. E.G: Musical Notes
– SHAPE MARKS: When the shape of goods, packaging have some distinctive feature it can
be registered. E.G: Ornamental Lamps.
– SMELL MARKS: when the smell is distinctive & cannot be mistaken for an associated
product it can be registered as smell mark. E.G: Perfumes.

11. O n T h e W h o l e , A T r a d e m a r k
I s A n I m p o r t a n t M e a n s T o
P r o t e c t T h e G o o d w i l l A n d
R e p u t a t i o n O f B u s i n e s s .
W h i l e F i l i n g A T r a d e m a r k ,
T h e A p p l i c a n t M a y C h o o s e
A n y A f o r e m e n t i o n e d T y p e s
O f T r a d e m a r k s B a s e d O n T h e
N a t u r e O f M a r k .

12. THANK YOUR E F E R E N C E :
 T H E T R A D E M A R K A C T, 1 9 9 9
 T R A D E M A R K S A N D PA S S I N G O F F, P.
N A R AYA N A N