What Is A Trademark And How Many Types It Can Be?

INTRODUCTION – WHAT IS TRADEMARK?

Trademark means any visible symbol or device in the form of letter, word, phrase, symbol, design, or other characteristics that distinguish the goods or service of one enterprise or trading company from those of his competitors. This can be a symbol or sign, a word or phrase, figures and characters, an image or logo, a tune or a melody, and/or color. Trademarks remain very important in world of business because of the requirement of passing on indicia that can help in the protection of brand identity and also enable customers differentiate between competitors' products in the market.

The primary role of a trademark is to maintain a clear distinction between products and services and ensure that a consumer is not easily swayed by imitation products. By identifying a trademark consumer are likely to establish that by using the trademark product they will get a certain standard and reputation. For instance, Nike's 'swoosh' is a rather intuitive brand symbol which is associated with Nike products, such as footwear and athletics wear, which are well-known for their quality and performance. It is through this association that businesses are able to create customer awareness and develop corporate brand identity among their consumers.

Trademarks are also another well-known sort of the intellectual property right that gives the owner of the trademark an exclusive right to utilize the mark to the good or services that have been associated with it when registered. This means that other people cannot use a similar or an identical mark for products or services similar to those that are covered by the particular trademark of the owner. This exclusivity is important in order to keep brand standards high and to ensure people do not exploit the goodwill that comes with the brand reputation.

The steps to seeking a trademark include coming up with a distinctive mark to be used in business and protection of this mark. After a potential trademark is drawn, a trademark search typically needs to be performed to find out whether the mark already has an owner who is using it on similar goods or services as the application. It helps in eliminating the chances of future conflict and other legal complications that may arise.

The next step is to prosecute the mark by filing a trademark application with the relevant government authority that features trademark agencies like the United States Patent and Trademark Office for United States trademarks. There must be a written explanation of the mark including the nature and a list of goods/services applicable to the claim, and specimens of the mark, if any.

After filing the application, it will be reviewed by a trademark examiner of the Trademark Office. Thus, the examiner is going to check the field of the application and all legalities to make sure the application does not interfere with any trademark rights. If an examiner has identified any problems, he or she can set out the points that the applicant has got wrong in an office action which the applicant must reply to within the required period. Under the conditions published in the official gazette, if the public opposes them, the application will also end. If there is no response in the Trademark database raised against the particular mark within 60 days from the publication, then it gets registered and the owner is issued with a certificate of registration.

Trademark protection can be perpetual if the owners continuously use the trademark in their business and renewal is conducted. Trademark protection in the USA is indefinite but they must be renewed after every ten-years and one has to file a declaration of use in the fifth and the sixth year after registration of the trademark. The following are the main legal qualifications that need to be met in the process of trademark registration: According to the law, if these qualifications are not met they lead to cancellation of the trademark registration.

TYPES OF TRADEMARKS

It is also important to understand that trademarks are those that come in different categories for different purposes of protecting the essence of the brand. Understanding of the various classifications that exist for trademarks is essential so that companies can protect their brands as required. There are seven major categories of Trademarks: Word Marks, Design Marks, Service Marks, Collective Marks, Certification Marks, Trade dress, Sound Marks.

Word Marks: These are the simplest and quite possibly the most popular form of trademark, being a word, letter, number, or even a combination of the three. A word mark, which covers the textual element of the brand, enables its owner to fully use the name in relation to particular products and services. For example, if one writes the brand name as 'Coca-Cola', 'Coca cola' or 'Coca Cola', still the trademark is infringed since the word 'Coca-Cola' is protected.
Design Marks: To be precise, they are called logo marks, which means that design marks are supposed to protect the logo/symbol of the certain brand. These marks are very relevant to such brands depending on the distinguished logos that are used by particular brands. For instance, the bite representing an apple which is the trademark of apple product company to ensure that nobody copies the appearance of the apple logo, which they use on their products.
Service Marks: Like trademarks, the use of service marks helps to differentiate service providers from each other. Trademarks are generally used to identify goods while service marks are used to identify services. For instance, the use Dispatch arrow emblem is a service mark that shows the delivery services given by the FedEx company from others.
Collective Marks: Those marks are deployed by the persons within a group organization such as an association or a cooperative to signify that they are members of or affiliated to that organization. A collective mark belongs to the collective rather than a single member of the collective group representing the collective mark. An example is the "CPA" that is used by certified Accountants within the United States of America.
Certification Marks: Certification marks have the meaning which is to certify that products or services to which the mark has been applied conform to specified standards or possess specified characteristics. Certification mark is a mark that the owner does not sell or use on his product or service but others are allowed to display it to show conformity to market standards. For example, the term "UL" implies that a product has undergone approval testing by the Underwriters Laboratories to meet certain safety requirements.
Trade Dress: This type of trademark safeguards the general outlook and container of a product, which differentiates it from other goods. Trade dress as a trademark element can also refer to the shape, color, design or even texture of a product's packaging. Trade dress could also be seen in the shape of a bottle that belongs to Coca-Cola since consumers are most likely to recognize the product easily despite not having its branding seen.
Sound Marks: Trademarks also include vocal sounds that are unique to the product and associated with the particular brand. These can be musical notes or jingles or other special tunes that are easily discernable by those who are inclined to the greatness of the organization. Another easily recognizable emblem used in NBC is NBC chimes, which is a registered trademark consisting of three musical tones that identify the company's broadcasting services.

Both types of trademarks are valuable as they protect different aspects of the brand; Nonetheless, Hastings' strategies shift from generally applying to all brands to specifically apply to the trademarks. The decision on which type to register must be informed by a business's intention in the protection of any aspect of their brand. As a result of ensuring the completeness of protecting trademarks, businesses may maintain multiple forms of trademarks at the same time, for example, integrating word slogans with design logos or trade dress.

There is also need for those applying for registration to understand the various classes of trademarks and the validity of the marks that they intend to use especially in relation to other marks already registered. Legal protection is more possible and legal challenges to the mark are lesser as compared to an associated mark.

CONCLUSION

Trademarks play a crucial role in establishing and protecting a brand's identity. They encompass various forms, such as word marks, design marks, and service marks, each serving a specific purpose. The process of trademark registration involves creating a distinctive mark, conducting a thorough search, and filing an application with the relevant authorities. Ensuring compliance with legal standards, trademarks can be renewed indefinitely, providing ongoing protection for the brand. By understanding the different types of trademarks and their classifications, businesses can effectively safeguard their brand elements, reducing the risk of legal disputes and enhancing market recognition.

REFERENCES

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

What Is A Trademark And How Many Types It Can Be?

Contributor

INTRODUCTION – WHAT IS TRADEMARK?

TYPES OF TRADEMARKS

CONCLUSION

REFERENCES

Intellectual Property

Contributor

India