TRADEMARK
A trademark is regarded as a unique symbol or sign which is used by a different organization to safeguard their goods and services from losing their identity in the competitive market. Trademark defined under section 2(zb) of the Trade Marks Act,1999 as, ’’trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors’’.
Trademarks are both beneficial for a business as well as for consumers as the consumers can identify the particular brand of their choice and business entities can safeguard their products from the fraudulent trademark.
The Trademark Act, 1999, permits the registration of different types of trademark listed below-
WORDMARKS
A wordmark or logotype is basically a peculiar text-only typographic treatment that is used for the name of any company, institution or any product for the purpose of identifying or branding it. It consists of only the name and not symbol or badges. IBM, MICROSOFT, DELL, etc are few examples of word trademark. Wordmarks are the most common type of trademark which is found and registered in India. So if the business entity consists of only text, it should go for wordmarks.
LOGOS AND SYMBOLS
A logo is defined as a symbol, design or a graphic image that is used by any business entity, institution or any service. Mainly it does not consist of any word but in case if any word is used with a graphical usage, the business entity must go for both, word as well as logos and symbol trademark. For example, Google uses both words as well as a graphic trademark. On the other hand, Apple has a peculiar symbol and graphic design which is used for all the product sold by Apple and no other individual or company can use a similar logo for their goods and services. Registration for both wordmark and logos can be done is a single application in India.
SERVICE MARKS
A service mark is a trademark that is used in particular to identify the service provided by the particular business entity. It is used for advertising of a service rather than on the packaging of a product. It might consist of any word, phrase, symbol or combinations of them. It safeguards the business entity to get potentially confused by the consumers using the service of that particular company as it prevents the other entities in the market to copy the same symbol or name.
Service marks are used mainly by the private carrier as they can paint their unique service marks on the vehicles like planes, buses, cars, trucks, etc used by them for providing service to Read More