Last updated: December 7th, 2024 1:56 PM

Trademark Definition

When you think of popular brands, it's likely that iconic logos or catchphrases spring to mind first, like the Tata logo or Amul's "The Taste of India." These memorable symbols are not just designs but trademarks that these companies have consistently applied across their branding efforts.  A trademark is a type of intellectual property that helps to protect your brand by distinguishing it from competitors. It is used to protect the name, logo, or slogan associated with a product or service from being used by others without permission. In this article, we will explore trademark definitions and discuss the various types and their significance in brand protection. Protect your brand today! Get your trademark registered with IndiaFilings. Contact our experts now for a smooth and hassle-free process! 

Definition of Trademark in India

In India, trademarks are governed by the Trademarks Act, 1999 (‘Act’) and the Trade Marks Rules, 2017 (‘Rules’).  Here is the definition of the trademark in law: “A trademark means a mark capable of distinguishing the goods or services of one person from those of others. It includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colours or any combination thereof.”

Meaning of Trademark

As defined in Section 2(m) of the Trademarks Act, 1999, a trademark refers to a mark that can include:

• A brand or device
• Heading, ticket, or label
• Name, word, or signature
• Letter, numeral, or shape of goods
• Packaging or a combination of colours
• Or any other combination of the above elements.

A trademark is a visual symbol or logo used to indicate the source of goods or services. This symbol or logo could be:

• A word
• A signature
• A number
• A geometrical figure
• A monogram
• A combination of words and numerals
• A combination of colours with a logo
•  Or even a sound mark.

In essence, a trademark helps differentiate a business's products or services from those of others in the market, ensuring that the source and identity of a brand are protected.

Trademark Definition and Examples

A trademark is a distinctive sign, symbol, word, or combination of these used by a business to distinguish its products or services from those of others. It serves as a unique identifier of a company’s goods or services, providing consumers with an easy way to recognise and differentiate between brands. Trademarks are essential for protecting the brand identity, reputation, and intellectual property of a business. In legal terms, a trademark can be defined as any word, name, symbol, device, or any combination thereof used to identify and distinguish the goods or services of one entity from those of others. Once a trademark is registered, it provides the owner exclusive rights to use it and prevents others from using a confusingly similar mark in the market.

Examples of Trademarks:

• Amul: Recognized by its slogan "The Taste of India" and the Amul Girl mascot, symbolising dairy products.
• Tata: A renowned conglomerate, its logo represents trust across multiple industries.
• Reliance Jio: Known for its vibrant logo, it represents the telecom revolution in India.
• Parle-G: Iconic biscuits associated with a classic yellow-and-white wrapper and the Parle name.
• Godrej: Its colourful logo signifies reliability in consumer goods, appliances, and more.
• Mahindra: A symbol of innovation and excellence in the automobile and agriculture sectors.
• Airtel: The distinctive red wave logo and jingles are synonymous with telecom services.
• Royal Enfield: A globally recognised motorcycle brand with its signature crest-style logo.
• Bajaj: Known for its bold "B" logo, which represents quality motorcycles and consumer products.
• Asian Paints: The brand’s memorable campaigns and logo symbolise leadership in the paint industry.
• Haldiram’s: A name and design synonymous with traditional Indian snacks and sweets.
• Raymond: Identified by its classic red logo and the tagline "The Complete Man."
• Zomato: Its simple yet effective logo reflects leadership in food delivery and services.
• Kingfisher: The vibrant bird logo is associated with beer and airline services.
• LIC (Life Insurance Corporation of India): The emblem showcasing hands protecting a flame symbolizes trust in life insurance.

Key Functions of a Trademark

• Identifies the Source of Goods or Services: A trademark acts as an identifier of the origin or source of your goods or services, making it easier for customers to recognise your brand.
• Legal Protection for Your Brand: Registering a trademark provides legal protection, preventing others from using your unique mark without permission.
• Protection Against Counterfeiting and Fraud: Trademarks help safeguard your brand from counterfeiters and fraudsters who may try to capitalise on your brand’s reputation.

What Can Be Trademarked?

In India, trademarks can include various elements that help consumers identify and associate a product or service with a particular business. The following items can be trademarked:

• Business Name: The name of your business or company can be trademarked to protect your brand identity.
• Product Names: The names of specific products you offer can be trademarked to distinguish them from competing products in the market.
• Logo or Brand Design: Your unique logo, symbol, or brand design that represents your business can be trademarked.
• Unique Symbols or Designs: Any distinctive symbol, graphic, or design element that is associated with your brand can be registered as a trademark.
• Sounds: Special sounds or jingles linked to your brand, such as a distinctive musical note or audio logo, can also be trademarked.
• Product Packaging: The look, shape, and design of your product packaging, if unique, can be trademarked to set it apart from similar products in the market.

By trademarking these elements, businesses can secure exclusive rights and prevent others from using similar marks that might cause confusion among consumers.

Types of Trademark

There are several types of trademarks, each serving a specific function in protecting different aspects of a brand or business identity. Here are the main types of trademarks:

Word Mark

This type of trademark protects the text or words used to represent a brand. It can include the business name, product name, slogan, or any other words that distinguish the brand from others. The protection is based on the words themselves, regardless of the font or design used. Example: "Apple," "Nike."

Logo/Device Mark

A logo or device mark protects a design, symbol, or logo used to identify the brand, typically without text. This could be an image, shape, or graphic that represents the brand. Example: The Nike Swoosh, the McDonald’s Golden Arches.

Combination Mark

A combination mark includes both text and a logo or graphic element. It combines a word mark with a design or symbol to form a unified trademark that is distinctive. Example: Coca-Cola logo (word + logo), Adidas (word + stripes).

Shape Mark

This protects the distinctive shape or packaging of a product or its container. Shape marks are used when the shape itself serves as a distinctive identifier of the brand. Example: The shape of a Coca-Cola bottle or the shape of a Toblerone chocolate bar.

Colour Mark

Colour marks protect a specific colour or combination of colours that are uniquely associated with a brand. The colour (s) must be used in a distinctive way that is recognisable by consumers as representing the brand. Example: The purple colour used by Cadbury or the Tiffany blue colour. Sound Mark A sound mark protects a unique sound or jingle that identifies the source of goods or services. These marks are becoming more popular with the growth of audio branding. Example: The Intel jingle or the sound of a Nokia ringtone. Motion Mark This type of trademark protects a moving image or animation that identifies the source of goods or services. It can be a sequence of images or a moving logo. Example: The animated logo of 20th Century Fox or the MGM lion.

Collective Mark

A collective mark is used by members of a collective group or organisation to show membership. These marks distinguish the goods or services of the members from those of non-members. Example: "Good Housekeeping" seal.

Certification Mark

A certification mark indicates that goods or services meet certain standards or qualifications set by the certifying authority, often in areas like quality or origin. This mark is not owned by a specific business but by an organisation that sets standards.

Example: The "ISO" certification mark or "Woolmark."

Each trademark type helps businesses protect their unique branding elements and maintain a competitive advantage in the marketplace.

Common Misconceptions About Trademarks

Trademark Does Not Grant General Ownership: Having a trademark does not mean you own a word, phrase, or design outright. It only protects how that mark is used with your specific goods or services. For example, if you use a logo for your woodworking business, this doesn’t prevent others from using a similar logo for non-woodworking-related goods or services. Descriptive Trademarks Are Not Effective: Many believe choosing a trademark that merely describes the product or service will work. However, creative and distinctive trademarks are more effective, as they are easier to protect and less likely to be confused with other brands. A strong, unique trademark is crucial for building brand identity and offering long-term protection against misuse. Also read: What to Do If Someone Uses Your Trademark

Registered Trademark Definition

A registered trademark refers to a trademark that has been officially recorded and protected by the relevant government authority, such as the Trademarks Registry in India. Once a trademark is registered, the owner gains exclusive rights to use the mark in connection with specific goods or services for which it is registered.

How do you protect a trademark In India?

In India, protecting a trademark involves both legal and practical steps. First, you can protect your trademark by registering it with the Indian Trademark Office, which grants exclusive rights to use the mark across the country. Registration provides strong legal protection, making it easier to take action against infringement. It's also important to use the trademark consistently in commerce, as unregistered trademarks can still have some protection under common law based on usage. To safeguard the mark further, monitor the market regularly for any unauthorised use and take prompt legal action if infringement occurs, such as sending a cease-and-desist letter or filing a lawsuit in court. Regularly renewing the registration every 10 years is also essential for maintaining ongoing protection.

Trademark Symbols: TM, SM, and ® in India

In India, trademark symbols signify the status of a trademark and communicate the owner's rights.

• TM (Trademark): This symbol is used for goods to indicate that a mark is being claimed as a trademark. It can be used without formal registration and is often seen while a trademark application is pending or when a business opts not to register the mark. It asserts the owner's claim over the mark, even though it doesn't have legal standing like a registered trademark.
• SM (Service Mark): Similar to the "TM" symbol but used for services instead of goods, the "SM" symbol indicates that a mark is being claimed as a service mark. It also does not require formal registration and is used to claim rights to a mark related to services, such as advertising or selling.
• ® (Registered Trademark): This symbol can only be used once a trademark has been officially registered with the Indian Trademark Office. It denotes that the mark is legally protected and grants the owner exclusive rights. Using the ® symbol without registration is illegal and can lead to penalties.

Procedure for Registering a Trademark in India

Registering a trademark in India involves several steps to ensure that your mark is legally protected. Here’s an overview of the process:

Trademark Search

Before applying, conduct a trademark search in the Indian Trademark Registry to ensure your mark is unique and doesn't conflict with existing trademarks. This helps in avoiding potential objections during registration.

Prepare the Application

Prepare your trademark application, which includes details such as the applicant's name and address, a representation of the trademark, the goods or services for which the trademark will be used, and the class under which it falls. India uses the NICE Classification, which divides goods and services into different classes.

File the Application

You can file your trademark application online via the Indian Trademark Office website or by submitting a physical application. The application is filed with the relevant office based on the jurisdiction (Delhi, Mumbai, Chennai, or Kolkata).

Examination of the Application

Once filed, the Trademark Registrar examines the application to check for compliance with the trademark laws and any conflicts with existing marks. If there are no objections, the application is accepted.

Publication in the Trademark Journal

If the application is accepted, it is published in the Trademark Journal for opposition. This allows any third party to oppose the registration of the mark within 4 months of publication. If there is no opposition, the mark proceeds to registration.

Opposition (if any)

If an opposition is filed, the applicant must respond to the objections raised. The Registrar may conduct a hearing to resolve the issue, after which the trademark will either be accepted or refused.

Registration

If no opposition is filed, or if the opposition is resolved in the applicant's favour, the trademark is registered. The applicant will receive a Registration Certificate, and the trademark is protected for 10 years, after which it can be renewed.

Renewal

The trademark must be renewed every 10 years to maintain its protection. Failing to renew it can result in the loss of exclusive rights. By following this procedure, a business or individual can ensure their trademark is legally protected in India.

Definitions of Patent, Copyright, and Trademark

Patent

A patent is an exclusive legal right granted to an inventor or assignee for a novel invention. It protects a product, process, or technology that offers a new way of doing something or provides a technical solution to a problem. Patents provide the patent holder with the right to prevent others from making, using, or selling the invention without permission for a specific period, typically 20 years. Example: A new type of rechargeable battery technology or a groundbreaking pharmaceutical drug.

Copyright

Copyright protects the original works of authorship, such as literary, artistic, musical, or cinematographic works. It gives creators exclusive rights to reproduce, distribute, perform, and display their work. Copyright protection arises automatically upon creation of the work and typically lasts for the life of the author plus 60 years (in India). Examples: Books, movies, software code, paintings, and music compositions.

Trademark

A trademark is a unique symbol, logo, word, or design that identifies and distinguishes the goods or services of one business from another. It serves as a brand identity and helps consumers recognise and trust the source of the products or services. Registered trademarks are legally protected, and their unauthorised use is prohibited. Example: The LIC logo, Parle-G logo or Amul's "The Taste of India."

Conclusion

A trademark is not just a symbol or logo; it is an essential asset representing your business's identity, values, and reputation. Registering a trademark provides numerous benefits, including legal protection, brand recognition, and a competitive edge in the market. Whether you're a startup or an established business, securing your trademark is crucial in safeguarding your intellectual property. Trademark registration is necessary for businesses looking to expand, protect their brand, or ensure their products/services are distinct. At IndiaFilings, we simplify the trademark registration process, offering expert guidance at every step to ensure your brand gets the protection it deserves. If you're ready to secure your brand identity, contact IndiaFilings today to start your trademark registration process and take the first step towards safeguarding your business.