Trademark registration plays an important role as it creates a distinctive identity for businesses, setting them apart in the competitive market. These symbols aid customers in recognising and distinguishing products and services from one business or brand to another. In India, the Trademarks Act of 1999 governs trademark laws, and trademarks can be registered under various categories. Despite the diversity in types, the common objective remains to facilitate consumer recognition of products and services from specific manufacturers or service providers. In this blog, we shall see the types of trademarks in India.
Understanding Trademark Renewal in India
In India, the renewal of trademarks is a necessary process to uphold their validity and exclusivity. Initially valid for ten years from the date of registration, trademarks can be renewed indefinitely for successive ten-year periods. The renewal application can be submitted through online or offline channels with the Indian Trademarks Registry. Crucial details such as the trademark registration number, renewal fee, and the class of goods or services covered must be included in the application. Failure to renew within the stipulated time frame results in the trademark being deemed abandoned, leading to a loss of exclusive rights. Regular renewal ensures the continued protection and recognition of a business’s trademarks.
What are the Types of Trademarks in India?
In the dynamic intellectual property sector, India offers a comprehensive range of trademarks, each catering to specific nuances of brand representation and protection. The various types of trademarks are:
Word Marks
Among the types of trademarks in India, the first is a word mark, which, as the name suggests, consists solely of text or words. This fundamental type of trademark stands as the easy choice for businesses aiming to shield their brand names.
Device Marks
Device marks are among the types of trademarks in India that introduce a visual dimension into trademarks, encompassing graphical elements, logos, or designs. The flexibility to incorporate or exclude text provides businesses with versatile options in crafting their brand identity.
Service Marks
Distinguished from product-centric trademarks, service marks play a vital role in identifying and distinguishing services rather than tangible goods. This category is crucial for entities operating in the service industry.
Collective Marks
Collective marks are also among the types of trademarks in India that serve a unique purpose as they are employed by groups of individuals, companies, or organisations to denote membership or affiliation. This fosters a sense of unity and common identity among entities sharing a collective mark.
Certification Marks
Certification marks offer a stamp of approval, indicating that specific goods or services adhere to predefined standards or quality levels. These types of trademarks in India are typically utilised by third-party organisations, and instil confidence in consumers regarding product or service reliability.
Pattern Marks
Venturing into the visual world, pattern marks distinguish products through unique and specific patterns. However, a crucial criterion for acceptance of these types of trademarks in India is the demonstration of a notable distinguishing factor, emphasising the need for distinctiveness in the pattern.
Sound Marks
Sound marks transcend the visual and textual, associating a particular sound with a product or service. To qualify for this, the sound must be readily recognisable to the public as representative of a specific offering. Often manifested as sound logos or audio mnemonics, a noteworthy example in India is the distinctive tune used for the Indian Premier League (IPL).
Renewal of Trademarks in India
Trademarks serve as a cornerstone for businesses, safeguarding their identity and market presence. To ensure the perpetual validity and exclusivity of trademarks in India, a systematic renewal process is imperative. The initial tenure of a trademark is ten years from the date of registration, with the provision for successive renewals in increments of ten years each.
Trademark Renewal Application Procedure
The renewal process starts with filing of application with the Indian Trademarks Registry and this application can be submitted within six months before the expiration of the trademark registration or also within six months after expiry. Failure to adhere to this specified timeline leads to the classification of the trademark as abandoned, resulting in the loss of exclusive rights.
The process involves:
1. Filing the Renewal Application: The application submission can be carried out through online or offline channels, adhering to a prescribed format. Necessary details, including the trademark registration number, renewal fee, and the class of goods or services covered, must be accurately provided.
2. Payment of Renewal Fee: The renewal fee is a critical aspect of the process, with the amount varying based on the number of classes covered by the trademark. Like for ex., a single class trademark needs a renewal fee of Rs. 9,000, and a multi-class trademark involves Rs. 9,000 for the first class and an additional Rs. 9,000 for each subsequent class.
3. Examination of the Application: Post-submission, the Indian Trademarks Registry meticulously examines the renewal application to verify compliance with all stipulated requirements. This scrutiny ensures the seamless continuation of trademark protection.
Timely adherence to the renewal process is paramount for businesses, as it not only preserves the exclusive rights associated with trademarks but also sustains the shield they provide against unauthorised usage and infringement.
Final Thoughts
The diverse types of trademarks in India, ranging from word marks to sound marks, collectively serve the key function of distinguishing and protecting the unique identities of businesses. Under the governance of the Trademarks Act, trademarks require periodic renewal to maintain their validity and exclusivity. The initial ten-year validity, extendable indefinitely in successive ten-year periods, underscores the significance of timely renewal. The renewal process, involving filing with the Indian Trademarks Registry and adherence to specific requirements, ensures the enduring protection and recognition of trademarks, reinforcing their role as essential assets for businesses in the competitive market of India.
