It is now common knowledge that the brand name of a product, service or business is considered as its trademark. This trademark protects the goodwill associated with the particular product, service or business with the owner, thus helping him to secure his monetary gain associated with it.
But, apart from just the brand name, there are many other categories associated to a trademark. While applying for a trademark’s registration, these categories need to be covered completely otherwise the registration can be of no use. Let us understand what these categories are:
The brand name in its literal word form is categorized under a wordmark. When a trademark application is applied under only this category, the applicant secures the right to use that particular word in any format in the market. This is the most complete form of trademark security any brand name can get. Thus, there is a very thorough process which this type of application goes through. Once granted, the word cannot be used by any other business to represent itself or its products and services in the market.
If the wordmark is being associated with a particular logo or image, then this needs to be applied under the Device category of Trademark Registration. Under this, the applicant claims to use the particular wordmark alongside the provided image. This associates the trademark with a certain visual identity which helps the applicant get the registration even if a similar trademark exists on record. Though this decision is in the hands of the registrar only. The images used on the products are considered as labels. These labels acquire goodwill with their product and thus need to be protected under intellectual property rights. To help do so, trademark applications are categorized as label marks when applied under this category. The device and label marks have been merged now so the fall under the same category.
A Colour or a combination of colours in association with a wordmark or a device mark can form an identity of a brand name. To secure the goodwill associated with this identity, an application under the colour category of trademark registration needs to be filed. Detailed specification and colour codes need to be provided for the same.
Some brands use a sound theme or a sound tone to associate their brand name with while advertising. This creates a brand association between the sound and the brand name. To protect this association an application under the sound mark category of trademark registration needs to be made.
The shape of a certain product or their packaging can form a visual impact to the consumer and associate the brand name with it. To protect the goodwill associated with the shape of of a product or its packaging, it can be registered under a trademark category of Shape of Goods.
Trademarks which consist of a three dimensional design can be secured under this category of trademark registration. The designs are applicable for the packaging of the products or the device images that have 3D designs in them.
Thus, by the help of these categories, every form of trademark security can be covered. Knowing which category can secure your trademark accurately is the key to filing the trademark registration application in India. For further guidance, contact us by filing the form on our service webpage – Trademark Registration.