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1. Product Mark:
A product mark is similar to a trademark. The only difference is, it refers to trademarks related to
products or goods and not services. It is used to identify the source of a product and to
distinguish a manufacturer‟s products from others. On the whole, a trademark is an important
means to protect the goodwill and reputation of a Business.
The application for the trademark can be filed within few days and “TM” symbol can be used.
The time required for trademark registry, to complete formalities is generally around 18 to 24
months. The ® (Registered symbol) can be used next to the trademark once the trademark is
registered and registration certificate is issued. Once registered, a trademark will be valid for 10
years from the date of filing, which can be renewed time to time.
So product marks are those that are attached to distinguish the goods or services of one
manufacturer from that of another.
Examples:
Examples:
3. Collective Mark:
These are the trademarks used by a group of companies and can be protected by the group
collectively. Collective marks are used to inform the public about a particular characteristic of
the product for which the collective mark is used. The owner of such marks may be an
association or public institution or it may be cooperative. Collective marks are also used to
promote particular products which have certain characteristics specific to the producer in a given
field. Thus, a collective trademark can be used by a more than one trader, provided that the trader
belongs to the association.
The trader associated with a particular collective mark is responsible for ensuring the compliance
with certain standards which are fixed in the regulations concerning the use of the collective
mark, by its members. Thus, the purpose of the collective mark is to inform the public about
certain features of the product for which the collective mark is used. One example of the
collective mark is the mark “CPA”, which is used to indicate members of the Society of Certified
Public Accountants.
Examples:
5. Shape marks:
According to the Indian Trademarks Act, 1999, a trademark may also include the shape of goods,
their packaging, so long as it is possible to graphically represent the shape clearly. This helps in
distinguishing the goods sold under such trademark from those of another manufacturer. The
new Trade Marks Ordinance (Cap. 559) continues to allow registration of such marks.
When the shape of goods, packaging have some distinctive feature it can be registered. For
example, Ornamental Lamps. In certain cases, the (three-dimensional) shape of a product or
packaging can be a trademark (for example a specially designed bottle of perfume).
In a nutshell, Shape Mark has facilitated promotion of products and emerged into the trademark
type after the technological advancement of graphics. Any graphical representation which is able
to make a difference amongst the products can be shape marked.
6. Pattern Mark:
These are the marks consisting of a pattern which is capable of identifying the goods or services
as originating from a particular undertaking and thus distinguishing it from those of other
undertakings. Such goods/services are registrable as Pattern Marks.
The procedure of evaluating uniqueness of pattern marks is same as that of other types of marks.
Pattern marks that are descriptive or indistinctive are objectionable because they fail to serve as
an identifier of trade source. Such goods/services would not be accepted for registration without
evidence of uniqueness. In cases where the pattern mark has become identified in the minds of
the public with a particular undertaking‟s goods or services, it receives acquired distinctiveness
and can register for Pattern Mark.
Thus, Pattern Trademark is a trademark wherein the pattern is able to distinguish the product
from other brands.
Examples:
Examples: