What Are the Types of Trademarks in India?

A trademark is a name, logo, sound, shape or other distinctive mark that helps people identify a business and its products or services. It helps customers recognise a brand and distinguish it from other businesses.

Need assistance? Connect with Startup Movers for trademark search, registration, documentation and expert guidance to help protect your brand identity.

Types of Trademarks 

In India, trademarks are governed by the Trade Marks Act, 1999 through the trademark registration process. Different types of trademarks protect different parts of a brand, such as its name, logo, sound, shape or colour combination.

The main types of trademarks are:

• Word mark
• Device or logo mark
• Sound mark
• Shape mark
• Colour combination mark
• Collective mark
• Certification mark

Each type serves a different purpose. However, a mark must meet the applicable legal requirements to qualify for trademark registration.

1. Word Mark

A word mark protects a brand name, word, letters, numbers or distinctive slogan. It generally protects the wording itself, regardless of the font, style or colour used.

What Does a Word Mark Protect?

A word mark may protect:

• A business or brand name.
• A product or service name.
• A distinctive word or phrase.
• Letters or numbers used as a brand identifier.
• A distinctive slogan or tagline.

Example: A business using the name “BrightNest” may apply to register that name as a word mark for its relevant goods or services.

2. Device or Logo Mark

A device mark protects a logo, symbol, graphic or stylised visual design used to identify a brand. It may contain words, images or a combination of both.

What Does a Device Mark Protect?

A device mark may protect:

• A brand logo.
• A distinctive symbol or graphic.
• A stylised brand name.
• A design combining words and images.

Example: A business using a specially designed bird symbol as its logo may apply to register that design as a device mark.

Important: A logo mark protects the registered visual representation. A separate word mark application may be useful if the business also wants protection for its brand name independently of the logo.

3. Sound Mark

A sound mark protects a distinctive sound that helps customers recognise a brand. It may be a short tune, jingle or other recognisable audio sequence.

What Does a Sound Mark Protect?

A sound mark may protect:

• A distinctive brand jingle.
• A short musical tune used in advertisements.
• A recognisable audio signature.
• A distinctive sound associated with goods or services.

Example: A company uses the same short audio tune at the beginning of its advertisements. If the tune meets the legal requirements, it may qualify for sound mark registration.

Important: Ordinary sounds or commonly used tunes do not automatically qualify. The sound must be distinctive and represented according to the applicable rules.

4. Shape Mark

A shape mark protects a distinctive shape of a product or its packaging when that shape helps customers identify the brand.

What Does a Shape Mark Protect?

A shape mark may protect:

• A distinctive product shape.
• A unique bottle or container shape.
• A distinctive packaging shape.
• Another qualifying three-dimensional shape associated with a brand.

Example: A company uses a uniquely shaped bottle that customers recognise as belonging to its brand. The company may consider registering that shape as a trademark.

Important: Not every product shape can be registered. A shape may be refused if it lacks distinctiveness or falls under legal exclusions, such as certain shapes necessary to obtain a technical result.

5. Colour Combination Mark

A colour combination mark protects a distinctive combination or arrangement of colours used to identify a brand.

When a business consistently uses a particular colour combination, customers may begin to associate it with that business.

What Does a Colour Combination Mark Protect?

It may protect:

• A distinctive combination of colours.
• A particular arrangement of colours on packaging.
• A distinctive colour pattern associated with goods or services.

Example: A business uses a specific combination of blue and silver in a distinctive arrangement on its product packaging. If the combination meets the legal requirements, it may qualify for registration.

Important: A business cannot automatically claim exclusive rights over any colour or colour combination simply because it uses it. The combination must meet the applicable requirements for trademark registration.

6. Collective Mark

A collective mark identifies goods or services associated with members of an association or organisation. It helps distinguish their goods or services from those of other businesses.

Unlike an ordinary trademark used by an individual business, a collective mark represents an eligible group.

What Does a Collective Mark Protect?

A collective mark may identify:

• Goods supplied by members of an association.
• Services provided by members of a professional organisation.
• Products or services associated with a trade group.

Example: An association representing businesses in a particular industry may use a common mark to identify services provided by its eligible members.

Important: A collective mark is linked to membership in a group. Members must use it according to the applicable rules.

7. Certification Mark

A certification mark shows that goods or services meet specified standards or characteristics. These may relate to quality, material, origin or the way goods are manufactured or services are performed.

What Does a Certification Mark Show?

A certification mark may indicate:

• That a product meets specified quality standards.
• Those goods have particular materials or characteristics.
• That goods come from a specified geographical origin, where this is covered by the certification.
• That goods or services meet defined requirements.

Example: A mark may indicate that a product has been assessed against specified standards. The mark helps customers identify products that meet those requirements.

Important: A certification mark is different from a normal brand logo. Its purpose is to show that specified standards or characteristics have been certified.

Difference Between the Types of Trademarks

How to Choose the Right Type of Trademark

The right type of trademark depends on which part of your brand you want to protect.

• Word mark: Choose this if you want to protect your brand name or distinctive wording.
• Device or logo mark: Choose this if you want to protect your logo or visual design.
• Sound mark: Consider this if a distinctive sound helps customers recognise your brand.
• Shape mark: Consider this if your product or packaging has a distinctive shape.
• Colour combination mark: Consider this if a distinctive colour arrangement identifies your brand.
• Collective mark: This may suit an eligible association that wants to identify the goods or services of its members.
• Certification mark: This may suit an eligible owner that certifies goods or services against defined standards.

A business may apply for more than one type of trademark to protect different parts of its brand. For example: it may apply for a word mark for its name and a device mark for its logo.

Before applying, search existing trademarks, identify the correct class of goods or services and check whether the proposed mark meets the legal requirements.

Conclusion

Different types of trademarks protect different parts of a brand. A word mark protects wording, while a device mark protects a logo or visual design. Sound, shape and colour combination marks protect other distinctive brand features. Collective marks identify goods or services associated with members of an association, while certification marks show that goods or services meet specified standards.

Choosing the right trademark depends on your business needs and the features you want to protect. A proper trademark search and correctly prepared application can help you take the right steps towards protecting your brand.

Need assistance? Connect with Startup Movers for trademark search, registration, documentation and expert guidance to help protect your brand identity.