Types Of Trademark Applications
A Trademark applicant can apply for multiple kinds of applications. The requirement and other formalities differ in each type of application. So, before initiating the trademark filing process, few critical decisions are to be made. The first step is to decide which type of application one is filling. In trademarks, there are six different types of trademark applications:
Types Of Trademark Applications
A word Trademark (also known as standard mark) consists of a word or a combination of words, letters, and numbers. Few examples of wordmarks are TATA, Honda, Apple, Microsoft, GE Dell etc. It can also be a combination of words and numbers like VAT 69, 3M
It is a mark that includes a combination of colours in which the mark is specifically designed to identify with the commercial origin of the product or service in question. The most specific example is the Google symbol or the Windows symbol.
This is the most common form of Trademark which is a combination of a figure or logo or picture. It may be combined with a word. This mayinclude word marks designed with specific image, font, style and colors. They also protect a design or appearance that does not have words, letters or numbers.
The 3 D mark or shape is figurative in nature and is another unique way to protect a trademark. One very good example is the “Internet explorer” symbol in which the” E “rotates around the semi-circle.
Shape of Goods Mark is categorized as a non conventional trademark, where the shape of the packaging or specific product is an essential characteristics. It may be other than a logo or label used on a product – The bottle of Coca-Cola is distinguished from other brands on the basis of its bottle’s shape.
Another interesting mark is a Sound Mark. It is a form of a melody or a distinctive recognition effect. It is a very unique way of identifying with the commercial aspect of a product or service. It is usually in a form of a jingle which one might have noticed if one enters a bank or an ATM, one may hear music in the background. Another famous example is the Airtel tune or the IPL trumpet sound that one might have heard.
A collective mark is a mark owned by an organisation or a collective group of organisation or an association and is used only by its members to indicate its sources of goods or services.
A certification marks are used to identify goods w.r.t. its quality, origin, material or the characteristics. Few examples of the certification marks are ISI, wool mark and Agmark etc. Another good example is the red and green mark which we find in vegetarian and non vegetarian food items.
Few Notes:
An important aspect is the role played by a priority date as it is a starting date from which the mark is used by the owner and is very important to establish your right over others. It becomes critical and very important when some infringer or counterfeiter uses an exact replica of one’s mark or a similar mark of oneself If anybody else uses similar mark like one can file for the infringement of the Trademark under section 134 of the Trademark Act.
Also, if you can file a suit in local court in case mark is not registered, one can still file for a “passing off claim”. A passing of claim arises when any party tries to sell goods as if the goods have been originating from someone’s or vice versa. That is selling someone’s goods as if it is their own. To clarify further if any person tries to sell someone’s goods under own name or tries to sell their goods as if they are their goods, they are passing off and onecan still file your case against them even if one has not filed an application of registration of a trademark.
However if your mark is registered that gives you an additional right of filing an infringement case.