What is a Trademark?
Types of Trademarks in India
1. Word Marks
2. Device marks
3. Sound Mark
- Yahoo – (Human voice yodelling Yahoo)
- National Stock Exchange – (Theme song)
- ICICI Bank – (Corporate jingle – Dhin Chik Dhin Chik)
- Britannia Industries (Four note bell sound)
- Cisco – (Tune heard on logging in to the conferencing service Web Ex)
- Edgar Rice Burroughs – (Tarzan Yell by its toy action figure)
- Nokia – (Guitar notes on switching on the device)
4. Three dimensional trademark
5. Color Trademark
6. Smell Marks
7. Shape of goods
Selection of Brands and its overview
- Generic Mark: The Generic mark, is considered as the brand’s weakest form as it refers to the class of product or services. A brand becomes generic once it enjoys immense popularity and widespread recognition and the consuming public starts recognising the class of product and services with the brand itself and it loses its connection with the company that first created it. In most cases, it is just a generic phrase that everyone uses to refer to a certain product or service that you offer.Some brands start as ordinary brands and then become generic as they are utilized are band aid
- Descriptive Mark: The trademark in this category no longer refers to goods and services by the common word but they refer to characteristics of a product or its quality. You may seek the registration in descriptive marks by illustrating that your brand has earned distinctiveness, that is, you can show that when people hear or see your brand, they think of your products or services, not just any product or service with particular features. Brands with descriptive trademarks have a significant market reach, allowing them to become acceptable trademarks for their owners. Examples include KFC, American Airlines, Whirlpool, Louis Vuitton, and Pepsi.
- Suggestive Mark: They outperform generic and descriptive marks together. This type of mark provides suggestions to the consumer to connect with products or services. They make considerably more precise references to the traits and characteristics of the goods and services. Good example of it is telephone logo of Whatsapp LLC.
- Arbitrary Mark: Arbitrary marks are dictionary phrases used to categorize goods and services that have nothing to do with the words themselves. The most well-known examples are ‘Apple’ and ‘Adobe.’ In layman’s language, arbitrary markings are seen as essentially effective marks because they have nothing to do with the goods or services they are meant to represent.
- Fanciful Mark: Finally, these marks are defined coin words or coined terms that have no meaning other than to indicate certain items or services and has never been used for product or services KODAK, for example, denotes nothing more than a photography brand; similarly, Twitter denotes nothing more than the name of a social media platform. More examples are available to help you understand. Walmart, Pepsi, Marlboro, Audi, and Ola, uber are all excellent examples of fanciful marks.
Q1: What are the features of a good trademark?
Features of a good trademark include distinctiveness, memorability, descriptiveness, adaptability, and non-offensiveness.
Q2: Which Type of Trademark cannot be used?
Trademarks that cannot be used include generic terms, descriptive terms, and offensive or immoral marks.
Q3: What type of Trademarks are the easiest to protect?
Fanciful, arbitrary, and suggestive trademarks are among the easiest to protect.
Q4: What are collective marks?
Collective marks are trademarks used by organizations or groups to indicate the origin or quality of goods or services provided by their members.
Q5: What types of Trademarks are used to define standards?
Certification marks are the types of trademarks used to define standards, indicating that products or services meet specific criteria or quality standards.