Nov 21, 2013

Trade mark - Meaning and Its type

       Trade mark – Definition

According to the  Sec. 2 (1) (Zb) of the Trade Marks Act,     1999 
  Trade mark as, a mark capable of being represented      graphically and which is capable of distinguishing the goods
 or services of one person from those of others and include shape of goods their packaging and combination of colours.
Trade mark must be a mark which includes a device, brand, heading, label, ticket name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.

Types of Trademarks

There are basically three types of trademarks they are

·                     Service Mark

·                     Collective Mark

·                     Certification Mark

·                     Well Known Mark

            All these types of Trademarks are equally important and promote activity as well as maintain the distinctiveness of the product.

Service Marks

            A service Mark is any word, name, symbol, device, or any combination used or intended to be used in commerce to identify and distinguish the services of one provider by others and to indicate the source of services. It is basically useful in distinguishing one service provider from the other. Service Marks do not cover physical goods but only the provision of services. Service marks are used to identify a service, as Trademarks are used for protection of goods Service Marks are used in a number of day to day services some examples of them are:-

·                     Management and investment services

·                     housing development services

·                     sponsorship

·                     Hotel and motel services

·                     Entertainment services rendered by individual, group or theatre.

Collective Marks

            A collective Mark is one used by members of a cooperative association, union or other collective group or other group or organisation to identify source the of goods or services. A collective mark means a mark which is utilised for goods and services with same characteristics which are to be traded by one or more person acting jointly or legal entity for differentiation with other goods or services of same kind.

Certification Marks

            A certificate is evidence or probative matter providing assurance that some act has or has not been done or some event occurred or some legal formality has been complied with.

            A certification Mark is a mark which indicates that certain qualities of goods or services in connection with which the mark are used is certified. A certification mark is thus defined in the Trademarks Act 1994, Section 50 as a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of the mark in respect of origin, material, and mode of manufacture of goods or performance of services, quality, accuracy, or other characteristics.