Types Of Trademarks And Its Importance

A trademark works as an instrument to claim any sort of mark as your own. There are several kinds of trademarks in India that are eligible for registration the Trademarks Act 1999. These include wordmarks, service marks, certification marks, and many more. Certainly, you become the possessor of a lot of perks both legal and social that come along with getting your trademark registered. Therefore, there are a bountiful number of reasons inciting a proprietor to get your trademark registered.

In India, we have the liberty to get a trademark for ample elements under the Trademarks Act 1999. They may include-
1. Word Mark- A wordmark may include a word, a combination of words, slogans, taglines, or numerals. The most commonly registered trademark in India, they are used for recognizing the products of a trading company.

For example- the word airtel

2.  Shape Mark- A shape trademark can be used to protect the distinguishable shape of a product, tag, label, etc. For example- the shape of Zippo lighters is distinctive.

3. Service Mark- Under the definition of a trademark section 2 (zb), a service is used to identify the source of service provided by a service company. For example – Infosys

4. Device Mark- A device mark establishes a logo, a combination of words, a monogram, or a graphical representation of a brand. For example- The logo of Hero

5. Series Mark- A series mark is used to link various products/ services with the help of a common word. It is used with the intention that the proprietor doesn’t have to file different trademarks for the cumulative products. For example ‘Mc’ is uses McDonald

6. Collective mark- A collective mark is used by the members of an organization or an association to declare their relationship with the respective institution. For example- The members of rotary international describe themselves as Rotarians.

7. Certification mark- Certification marks are used by organizations to give recognition to another organization in terms of their respective product has met certain standards concerning its quality, origin, material, etc. For example- the ISI certification mark

8. Sound Mark- Sound marks are used to distinguish a particular sound or jingle used by an organization for its products or services.

IMPORTANCE OF TRADEMARK REGISTRATION IN INDIA

The wide and ever-progressing field of a trademark provides abundant perks and opportunities to an individual and their brands. A regardful attitude towards the efforts a proprietor puts in the creation of a product is necessary to be maintained by society. In India, the provisions that ensure such behavior and perks of the said person hold an extreme significance. They are as follows-

• Prevents misrepresentation of your brand- Infringement of trademark in India is a cognizable offense that intercepts that an infringer may face criminal as well as civil charges. It can lead to imprisonment from 6 months to 3 years and a fine not less than Rs. 50,000 which may extend up to Rs. 2 lakhs. The threat of severe punishment as such intercepts a person from the act of imitation.
• Builds Goodwill- Trademark helps to secure the brand’s goodwill and encourages the market to acknowledge the reputation of the organization which alludes to an increase in prosperity.
• No action will be taken in case of infringement of an unregistered trademark- According to the Trademarks Act 1999:
• No person shall be entitled to institute any proceeding to prevent or to recover damages for, the infringement of an unregistered trademark.
• Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or services as the goods of another person or as services provided by another person, or the remedies in respect thereof

This alludes to the fact that if a trademark isn’t registered no legal action can be taken to protect it from infringement,

• Creates an intangible asset- Trademarks act as valuable assets and they can grow in turn for the growth of a company. They can be sold, rented transferred, and help to benefit by providing extra income.
• Exclusive rights are conferred- The proprietor gets the advantage of being the possessor of legal rights which they can turn to if they have registered their trademark. They comprise:

• Right to Seek Statutory Remedy Against an Infringement- Section 28(1) additionally states that the registered owner of a trademark can pursue legal redress in the manner prescribed by this Act in the event of trademark infringement via various injunctions, compensations, etc.
• Right to assign- The registered proprietor of a trademark has the power to assign the trademark and to produce effectual receipts for any consideration for such assignment, according to Section 37 of the Act. This right, however, is subject to the Act’s requirements as well as any rights that appear on the register to be conferred on anybody else.
• Right to exclusive use- If a trademark registration is legitimate, it offers the registered owner the right to use the trademark in connection with the items or services for which it was registered.
• Right to Correction of Register- In case of a discrepancy found in the application relating to the registered proprietor or any other related detail, the owner has the right to seek correction of the registration.
• Right to alter the registration The trademark registration agent must apply to the registrar for permission to mark the trademark, or if the trademark does not affect its identity at all.
• Trademark is perennial- A trademark lasts for 10 years, till then no other entity can claim the respective element as their own. An appeal for renewal can be filed after 10 years and last till it gets sold/ transferred.

Conclusion– The facility of granting a trademark is available to us in many fields and the flexibility of claiming the trademark should be planned strategically keeping in mind the refined rights and privileges of a trademark proprietor to infringement, and pre infringement stages of the registration. A registered trademark can result in utter welfare for the organization as well as the registered owner.

Author: Gurveen Kaur – a intern at  IP And Legal Filings, in case of any queries please write back us via email at support@ipandlegalfilings.com.