What is Trade mark? Types and Registration Process in India

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What is a Trade mark? Types and  Registration Process in India

In simple terms, the Trademark is often referred to as a brand. 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 in the market and may include the shape of goods, their packaging, and a combination of colors.

A trademark registration gives the trademark owner the exclusive right to use the mark with respect to his/her goods or services but also allows the trademark owner to prevent others from using an identical or similar mark that can be confusing for the general public.


1. Word Mark:

A word mark is a Trademark where the Trademark owner has exclusive rights to the word as a whole and he can represent the word in any font, format or any other manner. All the appearances and use of the word are protected by the Trademark Registration.

A Device Mark/ Logo, on the other hand, gives the trademark owner the right to a particular combination of images, design, and words taken together. Device Mark/Logo Registration is the best option. Some of the famous companies that have their logos as one of their trademarks are Adidas, Nike, Reebok, Audi, Mercedes, Apple and many more.

Other Type Of Trademarks

Other than Wordmark and Device mark/Logo there are following types of Trademarks as well.

1. Sound Mark: Sound marks can be registered in India if such sound helps to identify the origin of goods or services. The sound should be unique and able to create a recall value for products and services so that the customers are able to associate such sound with your goods/services.

2. Colour: If a combination or pattern of colors helps to identify the origin of goods or services, then the same can be registered as a trademark. It is one of the toughest categories of trademark registrations and till date, there are only 9 businesses


3. The shape of Goods: The shape of a product or the container in which it is served may help to identify the origin of goods or services.

Trademark Registration Process:

Trademark Registration process is a lengthy one which varies from 6 months to 2 years from the date of filing depending upon the departmental pendency. the Trademark Department may issue an Examination Report to raise objections on the application filed, the reply to the examination report has to be filed within 30 days of its issue or the application will be abandoned by the department.

Once your application is cleared from the Departmental objection or in case no examination report is issued the Trademark details are published on the Government’s Trademark registry website in the weekly Trademark Journal and is open for Opposition from public for a period of 4 months from publication and if there are no oppositions the trademark application is registered for a period of 10 years.





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