Different Types Trademark | Word Mark, Device Mark, Colour Mark, Shapes of Goods, Sound Mark &Three Dimension Mark

Different Types Trademark

A trademark is an identifiable device or matter or a thing that is made for depicting a name, brand or label represented by a drawing, painting, or other art form for the purpose of identification differentiating a product or service.

As per Trademark Act, 1999, a "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof. 

Different Types of Trademark in India 

Trademarks can be divided in to following categories:

1. Word Mark - Word or Letters, Slogans or Taglines
2. Device Mark - Logo, Combination of Words and a Logo, Pictures or Drawings
3. Colour Mark
4. Shapes of Goods
5. Sound Mark
6. Three Dimension Mark

1. Word Mark

Word Mark means a name written as Text or a word or Letter or group of letters is the most common forms word of mark.

Word mark includes one or more words, letters, numerals or anything written in standard character. A word mark could be a text of Name, Brand, Slogan or tagline without design. For eg. Apple, Google, Microsoft, Tata, KFC, IBM, NDTV etc.

Also, Slogans or Taglines can also will come under category of Word Mark. Examples of  slogans are McDonalds - i'm loving it, Nike’s  ‘just do it’ etc 

2. Device Mark - Logo, Combination of Words and a Logo, Pictures or Drawings

Logos or a specific mode or design of a name is called Device mark. A device mark includes any label, sticker, monogram, logo or any geometrical figure other than word mark.

Logos are most common form of mark. A logo can be a design which is used as a mark for marketing the goods or services. Logo need to be elaborate or explanatory. However, it must be distinctive to identify the goods and services sold under the mark.

In case of trademarks submitted in specific combination of colours other than black and white, it shall be presumed that the distinctiveness of the mark is claimed in that combination of colours and application will be considered accordingly.

3. Colour Mark

Colour Mark means a trademark consisting of a single colour, or a combination of colours and the combination of colour is claimed to be registered as a trade mark.

Colour Mark can be claimed when the distinctiveness is claimed in the combination of colours with or without device. 

A colour mark can be registered only if the colour is a new invention and the consumers directly link the colour with the brand. Unless the colour as such identifies the product, it will be difficult to prove distinctiveness with just a single colour.

4. Shapes of Goods

Shape Mark are capable of distinguishing the goods with its shape or packaging.

For example – Coco Cola Bottle, Apple iPhone, Toblerone Chocolate etc. 

5. Sound Mark

Sound Mark refers to specially composed sounds or musical notes and sound that is usedto identify a particular goods or services.

Examples – 20th Century Fox Fanfare, AT&T's sonic, Duracell's 3-note "coppertop" logo, McDonald's Corporation's five-note "I'm lovin' it" jingle, Netflix sound logo, Samsung ringtone, Sony "ding" sound logo, Xbox 360 startup sound/swoosh etc

6. Three Dimension Mark

A Three dimensional trademark includes shape or packaging of goods.

---------------------------

Important Note: All the Trademark and Logos used in this Article are registered and belongs to respective registered users. The marks are used here only as examples for information purpose only.