Trademarks and Types of Trademarks

Trademarks and Types of Trademarks: A trademark is a recognised emblem, phrase, word, or symbol that identifies a certain product and legally distinguishes it from other similar items. A trademark is a symbol that uniquely identifies a product as belonging to a certain firm and acknowledges that company’s ownership of the brand.

A service mark, like a trademark, identifies and differentiates the provider of a service rather than a product, and the word “trademark” is sometimes used interchangeably to apply to both trademarks and service marks. Trademarks are usually thought of as a kind of intellectual property.

Trademarks: An Introduction

A trademark might be a company emblem, a slogan, a brand, or even the product’s name. Few people would consider bottling a beverage and labelling it Coca Cola, or adopting the company’s iconic wave as a logo. The Coca-Cola Company owns the term “Coca Cola” and its logo, as we all know (KO).

Trademarking, on the other hand, has some hazy lines since it prevents any mark that has a “likelihood of confusion” with one that already exists. A company can’t employ a sign or brand name that looks, sounds, or has the same meaning as one that’s already registered—especially if the goods or services are connected.

Copyrights, Trademarks, and Patents

Trademarks and Types of Trademarks: A trademark protects language and design features that identify a product or service’s source, owner, or creator. A patent, unlike a trademark, protects an original idea for a certain length of time, and there are several sorts of patents. Copyrights protect “works of authorship,” such as literature, painting, architecture, and music, in contrast to patents.

What are the Benefits of Using a Trademark?

Individuals and businesses trademark their goods or services to prevent them from being exploited without the authorization of the original owner. Patent laws exist in almost every country to guard against copyright infringement.

Despite the fact that most nations have organisations through which firms may trademark their goods, worldwide copyright legislation is more problematic than in India since there is no internationally recognised patent office, regulations, or uniformity.

Trademarks and Types of Trademarks

Trademarks and Types of Trademarks: A trademark is a term, symbol, phrase, logo, design, or combination of these that indicates a source of goods or services and is legally protected. There are five primary types of trademarks for products: generic mark, descriptive mark, suggestive mark, fanciful mark, and arbitrary mark.

• Generic Mark 

A generic trademark isn’t considered a trademark until it has additional detailed information. The phrase “The Ice Cream Shop” is an example of a generic mark. Offering trademark protection to something so basic would put all other ice cream businesses out of business.

To qualify as a trademark, a generic mark must indicate the traits, attributes, or components of the product your company offers.

• Descriptive Mark

A descriptive mark is a mark that specifies one or more aspects of a product or service and is used only to describe the product. It possesses distinctive characteristics that qualify it for trademark protection, such as the quantity and form of advertising, the volume of sales, the duration and manner of the mark’s usage, or the findings of consumer surveys. This implies that customers must be able to recognise and associate the mark with the brand.

To be considered a descriptive mark, it must go from what the brand stands for to who the brand stands for.

• Suggestive Mark

A suggestive symbol conveys information about a product or service. In most cases, a mark in this category qualifies for trademark protection without the need for a secondary meaning.

The word “suggestive” refers to the fact that the consumer must rely on his or her imagination to figure out what services or commodities the organisation provides. Jaguar, a premium automaker, is one such example. It connotes speed and agility, but not necessarily a vehicle brand.

• Fanciful Mark 

A whimsical mark is a word, name, or emblem that is unlike anything else on the market. Because it doesn’t often compete with anything else or become too generic, this category is the simplest to trademark.

Kodak, Nike, and Adidas are just a few examples of imaginative trademarks. Because these phrases have no significance in everyday English, trademarking them does not infringe on the rights of other businesses who sell identical goods.

• Arbitrary Mark

An arbitrary mark might contain a well-known word or phrase, but the meaning in this instance is different. Apple, the computer and electronics company, is the greatest example of an arbitrary mark. Although the name “apple” is well-known, the mark in this instance has nothing to do with the term’s wider meaning.

Companies that provide services should:

Service Mark 

A service mark is similar to a trademark, except it differentiates a business that offers services rather than goods. A service mark is still subject to trademark regulations and must be registered with the United States Patent and Trademark Office (USPTO)

The “McDonald’s” service mark is a popular example of a service mark since it is used to symbolise the services supplied.

Another kind of legal protection for differentiating firms is:

Trade Clothes

Trademarks and Types of Trademarks: Identifying aspects of a product or firm, such as packaging components, décor items, and other similar notions, are included in trade dress. Product features are frequently protected by trade dress rather than a form of trademark. The basis for trade dress protection is strong if a customer associates a particular characteristic or features with a brand or firm rather than the actual goods.

The bottle of Listerine mouthwash is an example of trade dress. Because the bottle’s distinctive flat form makes it readily recognised to consumers shopping for Listerine, it was granted patent protection, preventing competitors from manufacturing a confusingly identical bottle design.