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Types of Trademark

What are Types of Trademarks?

Trademark is logo or combination of characters and numerals used by a company to claim its ownership on a term or design to represent its products and services. There are various of types of trademarks which can be registered like product mark, service mark, collective mark, certification mark, shape mark, sound mark and pattern mark. Though there are many kinds of trademarks, their purpose is for the same – which is to enable the consumers identify goods and services originating from a certain manufacturer or services provider. In this article, we look at the various types of trademark.

1. Word mark

A word mark consists of one or more words, for example Japp or Marco Polo. It can also be combinations of numbers or letters, like SVT or 3RT.

The word mark is always registered in a standard font. This means that if you want to protect a word in a specific font, you have to apply for a figurative mark.

2. Figurative mark/logo type

Figurative marks are the trademarks that consists of just a figure or a figure combined with one or more words. Words in a specific font are also considered figurative. Figurative marks can be registered in black and white or in colour.

3. Three-dimensional mark

If the product itself or the product’s packaging have a special shape, for example a perfume bottle or a liqueur bottle, you may be able to register it as a three-dimensional mark. The shape has to be significantly different from what is known on the market for a three-dimensional mark to be registered.

4. Sound mark

A sound can be a trademark and can therefore also be registered. A sound mark is a sound or a melody with a distinct recognition effect. A well-known sound mark is the melody owned by Hemglass. When applying for a sound mark the mark can be represented by a sound file or by an exact description of the sound in notation.

5. Motion mark

A mark where parts of the trademark are shifting, changing or moving. One example of a motion mark is an animated logotype. When applying for a motion mark the mark can be represented either by a video file or a series of still images that show the motion.

6. Multimedia mark

A mark that consists of a combination of sound and picture. The mark can be represented by an audio-visual file that shows the combination of sound and picture.

7. Hologram mark

A mark where a three-dimensional picture is shown using holographic technique, for example a rotating logo type. When applying for a hologram mark the mark can be represented by a video file or a series of still images that show the variation of the hologram and the holographic effects.

8. Position mark

A position mark consists of a specific placement of a trademark on a product. A position mark can be represented by an image that shows how the mark is positioned and what size and proportion it has compared to the product it is placed on. The parts that are not included in the exclusive right should be separated from the trademark in the representation, for example by dashed or unbroken lines.

9. Pattern mark

A continuous pattern can be protected as a pattern mark. It can be represented by an image that shows the pattern and how it is repeated. The applicant can also attach a description of how the pattern is repeated, along with the representation

Why Are Types of Trademarks Important?

When applying for trademark protection, it's important to understand the differences between each type. If your phrase, word, symbol, or logo is too generic, it will be difficult to qualify for legal protection. It may be worthwhile to consider modifying your mark so that it more easily qualifies.

A trademark allows consumers to easily identify the source of goods or services so that there is trademark distinctiveness. Before trademark laws became more regulated, there was confusion in the marketplace. Consumers couldn't immediately recognize the provider of services or goods, so it was difficult to achieve brand loyalty.

Reasons to Consider Using Types of Trademarks

Before filing an application for a trademark, assess your mark and determine what category is most appropriate. If you aren't sure whether your mark is too generic, talk to a lawyer with experience in trademark laws. It's best to find out that your mark is too generic before you spend time and money filing an application with the United States Patent and Trademark Office (USPTO).

Understanding the different types will also help you know whether you need to make changes to your mark before applying for a trademark.

What Could Happen When You Don't Understand the Types of Trademarks?

If you file for trademark protection with a generic mark, you'll waste time and money because it won't receive approval. It's best to fully understand each type so you can choose one that is likely to qualify for protection under trademark laws.

Common Mistakes

One common mistake made by business owners is assuming that registering the trade name protects the mark associated with your company. The two are completely separate, governed by different legal entities. Most state-issued business registrations don't offer protection from someone else using a similar or identical name. If you want to prevent other people or companies from using your business name, you'll have to apply for a trademark.

When you register your company's domain name, this process does not qualify you for trademark protection. It actually could infringe on another trademark if you haven't reviewed the database of registered marks with the USPTO. If your domain name does infringe, you might have to surrender it to the owner. Neither ornamental design elements nor functionality can be trademarked. To protect unique design elements of a product of manufacture, you'll need to apply for a design patent. Functional aspects or construction of a product are covered under a utility patent.

For further more information related to trademark registration form, the procedure of registering a trademark, documents required for trademark registration, you can call us at 8788091087. Our experts are available here to advise you the best in the matter of register logo. You can also send your query on Email: info@herambindia.com. Visit our website: Herambindia and through the Trademark search, you can protect `yourself from the matter of Trademark infringement.

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21 July, 2018

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