A trademark is a unique symbol, word, logo, slogan, design, image, or a combination of these elements that serves to identify and differentiate the goods or services of one entity from those of others. It functions similarly to a brand name or logo, indicating the origin of a product or service. In India, one of the most widely consumed products is Amul Milk and its associated offerings, with the striking red and white Amul logo being particularly prominent in the dairy sector. Other notable examples include the swoosh emblem of Nike, the iconic bitten Apple logo representing Apple Inc., and the three stripes logo, which is a recognized trademark for Adidas sportswear.
When a company possesses a trademark, it holds the exclusive rights to utilize that specific mark for its offerings. This exclusivity is crucial in preventing other entities from using similar marks that could lead to consumer confusion. In essence, trademarks safeguard a company’s brand identity and assist consumers in recognizing the source of the products they purchase.
What is a Trade Mark?
A Trade mark is defined under Section 2(1)(zb) of the Trade Marks Act, 1999. It means “a mark capable of being represented graphically and that is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours”.
For Chapter XII (excluding section 107): This includes registered trademarks or marks used to show a connection between the products or services and the person who owns the right to use the mark.
For other parts of the Act: This includes marks used or intended to be used to show a connection between the products or services and the person who has the right to use the mark, whether their identity is shown. This also includes certification trademarks or collective marks.
Objective of Trade Marks Act, 1999
The purpose of Trade Marks Act is to provide for registration and better protection of trade marks or goods and services and prescribe conditions on acquisition, and legal remedies for enforcement of trade mark rights to prevent the use of fraudulent marks.
Governing Rules and Amendments
The Trade Marks Rules 2002 became effective on 15 September 2003. Thereafter, in the year 2010, the Trade Marks Act, 1999 was amended vide the Trade Marks (Amendment) Act, 2010, which embodies special provisions relating to Protection of trade marks through international registration under the Madrid Protocol. Indian Trademark Law covers both national and international trademark registration.
Currently, the main legislation regulating trademark issues in India is the Trade Marks Act 1999, along with the Trademark Rules 2017. The Trade Marks Act and Rules enumerate the procedural aspects of trademark filing, examination, publication, opposition, registration, renewal, rectification and removal of a trademark.
Types of Trade Marks
In India, trade marks are divided into two broad categories – conventional and non-conventional trade marks.
A. Conventional Trade Marks
In India, conventional trademarks are traditional types of trademarks that have been registered and protected for a long time. Following are the types of marks that fall under the category of conventional trade marks:
(1) Word Mark
A word mark can consist of words, letters, or numbers. A word mark grants the owner exclusive rights to the specific word, letter, or numeral without extending any rights to the visual representation of the mark. This registration form provides the most extensive legal protection for a trademark, as it authorizes the owner to utilize the word mark in any style, form, or representation.
Example: Google, eBay, Canon, LinkedIn, Coca-Cola.
(2) Device Mark
The device mark is based on visual appearance to people, and that is eye-catching. It generally comprises a word mark along with multiple elements, such as colour, design, or shape. Generally, people tend to recognize the design easily rather than the words accompanied by the goods or services. The utilization of a design or logo featuring distinctive elements across multiple platforms can significantly enhance a business’s visibility and contribute to the establishment of its image and reputation. In this type of mark, registration protects the composite (words, colour, design in totality) mark and not the single elements of the mark.
Example: Apple Logo
The Apple logo is universally acknowledged, even in the absence of any accompanying brand name. Individuals can identify it solely by its distinctive apple design.
(3) Product Mark
A product mark refers to a specific category of trademark that is exclusively utilized for products or goods, rather than for services. Its primary function is to signify the provider, establish the reputation, and indicate the origin of the product. Applications for trade marks submitted under Class 1-34 under the Fourth Schedule to the Trade Marks Rules, 2002 are commonly classified as goods or product marks.
Example: Parle-G
It can be said to be a product mark as it is registered under Class 30. (As shown in the picture, highlighted in the red box).
(4) Service Marks
A service mark is defined as a mark that distinguishes the services offered by one individual or entity, from those of others. Service marks do not represent goods but the services provided by a person or organization.
Applications for trade mark filed under class 35-45 of the Fourth Schedule to Trade Marks Rules, 2002 can be termed as a service mark.
Example: Life Insurance Policy (LIC)
It can be said to be a service mark as it is registered under Class 36. (As shown in the picture, highlighted in the red box).
(5) Certification Mark
A Certification mark is used to define standards. It assures the consumers that the product meets specific prescribed standards. A certification mark on a product signifies that the product has met the requirements of a designated standard test. This mark provides consumers with the assurance that the manufacturers have undergone an auditing process to verify the quality of the product.
Example: Hallmark
The government has made hallmarking of gold jewellery mandatory in India by the Bureau of Indian standards from June 16, 2021. This takes place two decades after the implementation of voluntary gold hallmarking in India.
(6) Collective Mark
The owner of a collective mark may be an association, public institution, or organization. It is used by people who represent an association, institution, or organization, as the case may be. Collective mark is also used to promote particular products with certain characteristics specific to the producer in a given region. It signifies the origin of the product or service.
Example: CA (Chartered Accountant)
Chartered Accountants are allowed to use this mark upon successful completion of CA Final exams and after getting registered as a member of the Institute of Chartered Accountants of India (ICAI).
(7) Well-Known Mark
Well-known word in itself talks about popularity, which is known by majority of people and recognized as a brand. Well-known mark is defined under Section 2(1)(zg) as “well-known trade mark” Having become known to substantial segment of public, likely to be taken as a connection in the course of trade when mentioned.
Example: India Gate (Basmati Rice)
Recent Case KRBL Limited v. Praveen Kumar Buyyani (2025), decided on January 15, 2025 is the best example to understand more about Well-known trade marks.
Facts of India Gate Case
- The appellant (KRBL Limited) was the registered owner of India Gate trademark, which has been in use for rice since 1993.
- The respondents (Praveen Kumar Buyyani & Ors) also started selling rice under the name Bharat Gate.
- The appellant approached the Commercial Court seeking permanent and mandatory injunction against the respondents alleging trademark infringement under Section 29 of the Trade Marks Act, 1999.
- The appellant also sought an interlocutory injunction under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908 (CPC).
- On October 9, 2020, the Commercial Court granted an ex-parte interim injunction in favor of appellant, restraining the respondents from using the trademark.
- The order issued on January 9, 2024, ultimately addressed the application made under Order 39, Rules 1 and 2, and revoked the injunction that had been previously granted.
- The appellant aggrieved by the order, moved to the Delhi High Court.
Issues of the case
- Whether the respondent’s use of the trademark Bharat Gate for selling rice infringed upon the registered trademark India Gate owned by the appellant under Section 29 of the Trademark Act, 1999.
- Whether the Commercial Court was justified in revoking the interim injunction granted in favour of appellant, considering the allegations of trademark infringement.
Court’s Observations
- The Delhi High Court observed that whether there was infringement of trade mark or not could be understood from the possibility or likelihood of confusion from the point of view of a customer of average intelligence and imperfect recollection.
- The Court determined that infringement occurs when there is misleading phonetic, visual, or conceptual similarity between the trademarks.
- The Court held that the respondent besides using word mark which is phonetically similar and representing the same idea as the appellant’s mark, also copied the essential features of the appellant’s mark.
- The Court said that the respondent’s usage of the figure of India Gate prominently covering nearly the whole of the packing clearly indicates a deliberate attempt, to create confusion among appellant’s consumers and thereby deceive them.
- The Delhi High Court also observed that use of “Bharat” as a synonym for “India” was deemed a deliberate attempt to avoid direct allegations of imitation.
- The Court held that the respondents deliberately attempted to capitalize on the goodwill associated with appellant’s established mark.
- The Court clarified that as per Section 17 of the Trade Marks Act, 1999, the India Gate mark must be considered as a whole and cannot be dissected into individual elements when evaluating infringement.
- The Delhi High Court set aside the Commercial Court’s order and reinstated the injunction, restraining the respondents from using the “Bharat Gate” trademark.
B. Unconventional Trade Marks
Unconventional or non-traditional trademarks refer to trade marks that fall outside the scope of conventional trade marks. These include marks that are characterized by sensory attributes such as smell, sound, shape, animation, and colour. While the Act does not explicitly state that the definition of a ‘trade mark’ encompasses non-conventional marks, it does include elements such as ‘shape of goods,’ ‘packaging,’ and ‘combination of colours’ within its ambit.
Following are the types of marks that fall under the category of unconventional trade marks:
(1) Trade Dress
Trade dress refers to features of the visual or sensual appearance of a product that may also include its packaging, shape, combination of colours which may be registered and protected against unauthorized use by competitors in connection with their business and services.
Examples: Coca-Cola’s Contour Bottle, Lines running down the side of K-Swiss shoes.
(2) Colour Mark
If a particular colour has become a distinctive feature indicating the goods of a specific brand, it can be registered as a trademark. Colour trade marks can take the form of a single colour or a combination of colours.
Examples: Cadbury Purple, Tiffany Blue, IKEA (Combination of Blue and Yellow), Pepsi (Combination of Red, White and Blue).
(3) Sound Mark
In modern times, as per the market trends and competition, the Trade Marks Rules, 2017 recognise sound as a trademark category. The sound mark must be a distinctive sound or musical composition associated with the product or service belonging to a particular organisation.
Examples: MGM Lion’s Roar – used at the beginning of Metro-Goldwyn-Mayer (MGM) movies, Windows Startup Sound – The iconic startup chime used in various versions of the Windows operating system.
(4) Shape Mark
As we are very well aware of definition of Trade mark given in the Section 2(1)(zb) the Trade Marks Act, 1999, also include shape of the goods. When the shape of goods or packaging has some distinctive feature, it can be registered under this category.
Examples: Coca-Cola’s Contour Bottle, Kit-kit chocolate breakable bar.
(5) Smell Mark
When the source of good is noticed by smell, it is termed as smell Marks. Smell marks can be generated as a result of manufacturers adding odors or fragrances to their products to distinguish them from comparable products. In order to be eligible for registration of smell mark, the smell must be a unique feature of the product and not serve a functional purpose. The registration of smell mark is a new and uncertain field under the Trade Marks Act. In India, Trade Mark Law at present, does not allow the registration of smell as trademarks.
Examples: Perfumes, essential oils, flowery musk scent in Verizon stores.
(6) Motion Mark
The word motion refers to movement. It means something which represents brand with a movement and may also include sound. The definition of Trade mark given under Section 2(1)(zb) does not directly cover the motion mark, but it defines trademark as a mark which is presented graphically and is capable of distinguishing goods or services, this part covers the motion mark as well.
Examples: Microsoft’s Windows Logo, Nokia’s Handshake Animation.
Conclusion
In India, Intellectual Property Rights (IPRs) are vital for fostering innovation and protecting the creative efforts of individuals and businesses. Among various forms of IPR, the Trade Marks Act, 1999 is particularly significant for safeguarding brand identities, reputation, and distinctiveness of brands and companies in India. The Trade Marks Act of 1999 encompasses various types of trademarks, including conventional forms like word marks, device marks, and well-known marks, as well as unconventional forms such as sound, shape, and motion marks. This comprehensive legal framework not only protects innovation but also supports businesses, and encourages fair competition in a dynamic market environment.
The Judiciary has been instrumental in upholding the objectives of the Act by delivering landmark judgments that reinforce the principles of trademark protection. In a recent judgment, the Delhi High Court, in KRBL Limited v. Praveen Kumar Buyyani & Ors., reiterated the Judiciary’s pivotal role in protecting trademarks.
Also Explore the Basics of Trade Mark by Adv. Deepika Khinder
Trademark and its Types – FAQs
Q. What is a Trademark?
A. A trademark is a unique symbol, word, logo, slogan, design, image, or a combination of these elements that identifies and distinguishes goods or services of one entity from others.
Q. Why Trademark is important?
A. It safeguards brand identity, helps consumers recognize the origin of products or services, prevents unauthorized use, and encourages fair competition in the market.
Q. What are the types of trade marks recognized in India?
A. Trademarks in India are categorized into two broad types:
- Conventional Trade Marks: Include word marks, device marks, product marks, service marks, certification marks, collective marks, and well-known marks.
- Unconventional Trade Marks: Include trade dress, colour marks, sound marks, shape marks, smell marks, and motion marks.
Q. What is the difference between Word Marks and Device Marks?
A. Word Marks: Protect the specific word, letter, or numeral without visual representation. Owners can use the word in any style or form.
Example: Google, Canon.
Device Marks: Protect the design, colour, or logo along with the word, focusing on visual recognition.
Example: Apple’s logo is a device mark.
Q. How does the Trade Marks Act, 1999 protect well-known marks?
A. The Trade Marks Act, 1999 protects well-known trademarks under Section 2(1)(zg). These trademarks are recognized by a significant portion of the public and enjoy exclusivity. This ensures that the goodwill and distinctiveness of well-known marks are safeguarded against misuse or dilution.
Example: India Gate (Basmati Rice) [KRBL Limited v. Praveen Kumar Buyyani & Ors. (2025)]
The topic of Trade Marks and Types of Trade Marks has been broken down and decoded by our intern, Ms Anjali Bajaj. She is assisting the team to bring the most informational and valuable legal blogs for the legal fraternity.
