In this article, we will learn How many types of trademarks are there?
A trademark is a symbol, word, or combination of words that identifies and distinguishes the source of goods or services of one party from those of others. In India, trademarks are registered and protected under the Trade Marks Act of 1999. Several different types of trademarks can be registered in India, including:
- Ordinary trademarks: These are the most common type of trademark and include any word, phrase, symbol, or combination of these elements that is used to identify and distinguish the source of goods or services.
- Service marks: These are similar to ordinary trademarks but are used to identify and distinguish the source of services rather than goods.
- Collective marks: These are trademarks that are owned by an association or group of individuals and used to identify and distinguish the source of goods or services provided by members of the association or group.
- Certification marks: These are trademarks that are used to certify that goods or services meet specific standards or qualifications. They can be used by the owner of the mark or by others who the owner has authorized to use the mark.
- Well-known trademarks: These are trademarks that have become well-known through extensive use and advertising and are accorded a higher level of protection under Indian law to prevent dilution or unauthorized use of the mark.
- Shape Marks: These are Trademarks that are represented in the form of three-dimensional shapes, such as the shape of the goods, the shape of the packaging of goods, or the shape of the building.
All these trademarks are protected under the Indian Trade Marks Act, 1999, and the Indian Trade Marks Rules, 2017. An application must be filed before the Trade Mark Office, along with appropriate fees and supporting documents to obtain a registration. Once granted, registration for a trademark is valid for ten years and is renewable.
Please note, This should not be treated as legal advice, a legal opinion, or any other kind of professional advice. And it is always advisable to consult an experienced lawyer or attorney.
Trademarks exist in a few different varieties. Most persons who wish to register a trademark look for the Super Mark. What does the Super mark mean? Super mark is like the Invincible Superman of the trademark world; it has a lesser chance of being challenged by the Registry.
Only third-party oppositions and any violation would be this mark’s kryptonite.
various types of trademark
The types of trademarks suggested above can also be understood as follows. The categories of the marks—(a) general; (b) descriptive; (c) suggestive; (d) arbitrary; and (e) fanciful—are well known.
The case Abercrombie & Fitch Co. vs. Hunting World, Inc., in which the courts classified trademarks into the five groups above, is the one that gave rise to this method of categorization. We need to have a basic understanding of the five types of marks to choose the Super mark.
Generic mark:
A generic mark has been decided based on the Genre of the good. For example, I want to buy Cider Drink. Now any human with average brilliance would know I want to buy a can of apple juice with a pretty attractive name. Any third party can quickly oppose, reject, and squish a generic mark. Therefore always suggested not to name a good based on its Genre. Using the Genre for calling a mark would be pure idiocy.
Descriptive mark:
Another naming style for trademark. It is a mark that purely represents the spirit of the goods or services. Still, as said by the court, it needs to be observed by a secondary word or phrase to ultimately be able to decide upon a brand name, e.g., “Hot” Heater company or “Cold” Air Conditioners. It still is not a more substantial mark, either. It is more of calling the hamster pet store a “Cute and Furry” hamster shop. Regarding the strength of the trademark, it is still potentially fragile, hence absolutely not the Super mark.
Suggestive marks:
Being always open to recommendations is good any day. Indeed a piece of accurate information in terms of suggestive marks because these trademarks are coined in a way that would talk about the qualities of the goods or service in a more innovative manner, which in the method of conveying a good, would make it quite distinctive but still somehow stay relative to the qualities of the good or service. But yet, this still does not become the Super mark as it can be objected.
Arbitrary mark:
“Hawkeye,” the name of a superhero that resembles a modern-day purple-colored Robin Hood, is an excellent illustration of this type of mark. In more realistic terms, “Apple” is for computers and phones, and “Blackberry” is for suits. These are good trademarks. The main reason is that arbitrary marks are used when goods or services are given a name that does not match their properties, style, or anything related to that goods. Even in the cases of Blackberry phones and Blackberry Suits, both are registered in different classes, and both have entirely different kinds of goods and services. Both the marks also look super different. And as far as Apple is concerned, it is a fruit that can be identified as a mobile or a computer. And the best part is that people can recognize an arbitrary mark by just looking at the mark.
Fanciful mark:
If Superman has a cousin named Supergirl, then an arbitrary mark has a sister named Fanciful mark. A fanciful mark is a created mark, i.e., if an arbitrary mark, if not related to a good, has a distinct meaning, then a fanciful mark, when not used for good, has no sense at all, that is a fanciful mark is a term which is formed. But just like an arbitrary mark, it has no connection with the good or service for which the mark is being used. A perfect example of fanciful marks would be “Kodak.”
The lesson to be drawn from the Abercrombie classification is that any mark that is arbitrary or fantastical will inevitably become the Super mark. In contrast to generic marks, an arbitrary or fantastical trademark does not represent the Genre of the good or service. An arbitrary or fantastical trademark, as opposed to descriptive marks, does not describe the good or service. In the case of Palm Bay Imports, Inc. v. Veuve Clicquot Ponsardin Maison Fondue, where the term “Veuve,” which means “Widow,” was held to be an arbitrary term when applied to champagne and sparkling wine, therefore making it conceptually strong as a trademark, the strength of an arbitrary trademark was demonstrated.
The random or fantastical mark is more distinctive than any other type of trademark because it has no indirect connection to the good or service, unlike a suggestive trademark. Therefore, as demonstrated in the case of Nautilus Grp., Inc. v. Icon Health & Fitness, Inc., using a well-known word or a freshly invented phrase in unconventionally identifying a good or service will always have the mark registered without any issues.
Therefore, the arbitrary and fantastical marks would be the real-time super marks.
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