blog

All you need to know about Trademark vs. Certification Trademark

PUBLISHED ON: Jan 09 2023
PUBLISHED IN: Trademark

When we consider a product, the brand and seller come to mind automatically. Even the distinctive logos, jingles, and colour schemes used on the product packaging stick in our minds. The trademark registration India of a product refers to the signs, symbols, logos, and jingles that give it its distinctive identity.

An intellectual property that has grown remarkably important is the trademark. The value of a trademark and the rights grant to its owner upon registration are now widely understood by both product owners and manufacturers. There are various sorts of trademark registration that, once registered, grant the owner legal rights and protection.  This article will explain the fundamentals of trademarks, the different types of trademarks, and the significance of each form of trademark certificate.

 

How do trademarks work?

It is a mark that effectively aids in identifying a product by setting it apart from similar-class goods and services. When there is market competition, it aids in product identification.

According to Section 2(ZB) of the Trademark Act of 1999, a trademark certificate is defined as a mark that graphically represents, is capable of differentiating goods and services owned by one person from those of others on the market, and includes the design of the product, the combination of colours, and its packaging.

The primary purpose of trademark registration in india is to distinguish it from other brands associated with the same class of goods and services. As a result, a distinctive mark serves this purpose.

Any symbol, word, phrase, design, logo, or combination get protection from a trademark registration in India. It offers a product as a source of goods or services and an identity.

The Trademark Act 1999 and common law in India both protect trademarks.

According to the Trademark Act, trademark registration has not required. However, once registered, a trademark registration online gives its owner legal rights and protection for ten years, which is then extended upon renewal. A trademark registration in India has several advantages, including ease of marketing, establishing a distinctive identity, and serving as a source identification.

Numerous trademark types: 

An Item's Mark: 

It is a mark only used on commodities or products, not services. The product's provider, reputation, and provenance are all shown by the product mark. Product marks have a use to describe trademark registration online applications made under class 1-34 of The Fourth Schedule To Trade Marks Rules, 2002.

The Service Mark: 

Although it serves to identify a service and not a product precisely, it is comparable to a product mark. Service marks are applications for trademarks submitted under classes 35–45 of The Fourth Schedule To Trade Marks Rules, 2002.

Wordmark

Typically, a wordmark device that operates to mark files is a trademark. A wordmark represents a brand when no other stylized or decorative components are present. The owner is permitted to use the wordmark in all manners, configurations, and representations; this registration provides the broadest legal protection for a trademark.

LITTLE HEARTS and COCA-COLA are a couple of examples of registered work marks.

Device mark

In addition to the wordmark component, a device mark typically includes an aesthetic component like symbols or an artistic or graphical depiction.

Typically, it includes a wordmark along with several creative components.

Depending on the device mark, such components may include both trademarkable and non-trademarkable features. Such a mark protects the registered composite mark but not the individual components.

A device mark's protection is only as broad as the colour scheme in which it is registered. However, a registered black-and-white device mark offers broader protection, allowing the owner to request colour protection for such a device registration.

Certification Trademarks

The owner often uses these marks to authenticate the origin, composition, caliber, method of production, or delivery of services, among other qualities of the items or services to which they are applied.

Some examples of approved marks are the AGMARK, which is issued by the Director of Marketing and Inspection of the Government of India, and the ISI Mark, which is issued by the Bureau of Indian Standards (BIS)

Collective Trademarks

This one is unusual compared to the trademark registration we have already looked at. An organisation or association of members will often use this sort of mark to set its products or services apart from those provided by non-members. The CA mark, which can only operate by registered members of the Institute of Chartered Accountants, is a trendy illustration of this type of trademark.

Series trademarks

Such trademarks may be registered as series trademark registration online when an owner has many trademarks with the same or similar items, all of which appear to share a substantial similarity and differ only in non-distinctive character.

Colour trademark

Combinations of colours are protected as trademark registration online since they fall under the Trademark Act of 1999's definition of a trademark, which includes those terms.

However, for a colour combination to register as a colour mark, it must be distinct, one-of-a-kind, and identify the product and its source. Orange will not be distinguished by a short red and yellow combo. For this form of a trademark to be registered, the colour must be particularly distinctive and recognizable by its target audience.

Sound Trademark: 

To register a trademark, the graphic representation is necessary, and good markings are no exception. A sound must be in a form that makes it distinctive and recognizable by the customer after registering under the trademark. According to the TM Manual, some types of sounds prohibit from being registered as sound marks.

These are what they are:

  • Using songs as chimes
  • simple musical compositions with only one or two notes,
  • child's nursery rhymes,
  • music that is closely related to a particular area,
  • popular music

 

End Note: 

Before registering a trademark, it is crucial to understand the level of protection it offers the owner. The reason is that each one of them involves particular components and requirements. A trademark registration is a valuable weapon a proprietor can utilise to monetize his trademark and merchandise. Additionally, trademark registration online are a barrier between registered trademark owners and other market competitors. Lastly, a trademark serves as a tool that allows the owner to employ legal recourse to combat trademark infringement. As a result, a trademark must be given the highest consideration before registration.

Leave a comment
Book a quick call and avail free
offers with a business setup.
bg-img