SHMA & Associates

Trademark

A mark as defined under the provision of Section 2 (1) (m) means a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof.

Trademark as defined under the provision of Section 2 (1) (zb)-Trademark (symbolizing a mark in trade) 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 shape of goods, their packaging and combination of colors. Trademark registration can also be obtained for a business name, distinctive catch phrases, taglines or captions.

TM is used to indicate that the trademark is unregistered but this mark is used for promoting goods whereas ® is used to represent a registered trademark/ service mark that provides the applicant complete ownership and legal rights over the trademark/ service mark. The registration of a trademark is valid for a period of 10 years. It can be renewed every 10 years, perpetually.

Types of Trademark

Name

A name including personal or surname of the applicant or predecessor in business or the signature of the person.

Number

Alphanumeric or Letters or numerals or any combination thereof. For example 555 brand.

Collective Mark

These are the trademarks used by a group of companies and can be protected by the group collectively.

Word/Logo

A word which is not being directly descriptive of the character or quality of the goods / service.

3-D Shape Marks

Three dimensional or 3-Dimensional or 3D Marks can be registered under the provisions of Trademark Act.


Sound

A name including personal or surname of the applicant or predecessor in business or the signature of the person.

3-D Shape Marks Certification Mark

It is a sign indicating that the goods/services are certified by the owner of the sign in terms of origin, material, quality, accuracy etc.

Service

A service mark is same as a trademark, but instead of a particular product, it identifies and differentiates the source of a service.

Slogan

Trademark registration can be obtained for slogans. Slogans are different from logos or word mark, in that slogans consists of one or more words.