Different Types of Trademarks in India

Different Types of Trademarks in India. A trademark is a unique sign that helps identify the goods or services of one person or company from those of others. It can include words, names, symbols, logos, colours, shapes, or even sounds that make a product or service stand out in the market. When people see a particular logo or hear a specific jingle, they often connect it to a brand they trust that’s the impact of a trademark.
In India, trademarks are governed by the Trade Marks Act, 1999. This law gives the owner of a registered trademark the exclusive right to use it and to take legal action if someone else uses it without permission. In today’s competitive market, trademarks are important not only for protecting the brand but also for building its reputation and customer loyalty.
There are different types of trademarks that can be registered under Indian law, depending on the nature of the brand element. This article explains what a trademark is, why it is important, and the various types of trademarks that are recognised and protected in India.
What is Trademark?
A trademark is a unique symbol, word, phrase, logo, design, or a combination thereof, used to identify and distinguish the goods or services of one party from those of others in the market. It plays a vital role in helping consumers recognise the source of a product, especially in a competitive marketplace.
As per Section 2(zb) of the Trade Marks Act, 1999, a trademark is defined as a mark capable of graphical representation and capable of distinguishing the goods or services of one person from those of others. This definition also includes features like the shape of goods, packaging, and combinations of colours.
The primary purpose of a trademark is to establish a brand identity and ensure that consumers can easily associate a product or service with its source. A strong and distinctive trademark not only prevents market confusion but also adds significant commercial value to a business.
Is it mandatory to register Trademark in India
No, it’s not mandatory to register Trademark in India. Although if you register Trade Mark you will get legal protection under Statute. Once Registered the trademark owner exclusive rights over its use for a period of 10 years, with thew option to renew it indefinitely. It also gives power to owner to take legal action Against any unauthorized use or infringement by others.
Types of Trademarks in India
The Tade Mark Act of India Has provided many types of Trade mark in India These Are as Follows: -
Product Mark
A product mark is a type of trademark used specifically for goods or tangible products, not for services. Its main purpose is to identify the origin of a product, distinguish it from similar goods in the market, and protect the reputation and credibility of the business behind it.
Product marks help consumers associate a product with a particular manufacturer or company, thereby promoting brand recognition and trust. They are particularly important in building a strong brand image and protecting goods from imitation in a highly competitive marketplace.
In India, trademark applications for goods are generally filed under Classes 1 to 34 of the Fourth Schedule to the Trade Marks Rules, 2002. These classes cover different categories of products and are collectively referred to as product marks.
Learn more about Different Types of Trademark Classes.
Once a trademark application is submitted, the applicant is allowed to use the ™ (TM) symbol, indicating that the mark is under process. The full registration process usually takes around 18 to 24 months, depending on examination and opposition timelines.
After the trademark is officially registered, the owner receives a trademark registration certificate and is allowed to use the ® (Registered) symbol. The registered product mark remains valid for 10 years from the filing date and can be renewed periodically for continued protection.
Product marks are key tools for businesses aiming to create a distinctive identity, safeguard their products from misuse, and build lasting consumer confidence.
Service Mark
A Service Mark is a type of trademark that specifically identifies and distinguishes services offered by a business, rather than physical goods. It helps consumers associate the quality and source of a service with a particular provider, building brand trust and credibility in the market. Service marks are especially important in sectors like hospitality, education, finance, transport, IT, and healthcare.
In India, service mark applications are filed under Classes 35 to 45 as per the Trade Marks Rules, 2002. While similar in function to product marks, service marks focus solely on services and play a key role in brand recognition and protection for service-based businesses.
Once a service mark application is submitted, the ™ symbol can be used to indicate that registration is in process. After successful registration, the ® symbol may be used. The registration is valid for 10 years from the date of filing and can be renewed indefinitely, offering long-term protection under the Trade Marks Act, 1999.
Learn more about Difference Between Trademark and Service Mark.
Collective Mark
A Collective Mark is a type of trademark used by members of a group, association, or organization to identify their products or services as belonging to that group. It helps distinguish the goods or services of members from those of non-members, while also indicating that the users follow specific standards set by the collective body.
The mark is registered in the name of the association but is used by its members. It plays a key role in promoting uniformity, quality, and shared identity among the group. A popular example is the “CA” mark, used only by registered members of the Institute of Chartered Accountants of India (ICAI).
Collective marks are governed under the Trade Marks Act, 1999, and serve as a symbol of credibility, discipline, and trust for the collective.
Certification Mark
A Certification Mark is a type of trademark used to certify that the goods or services bearing the mark meet specific standards related to origin, material, mode of manufacture, quality, accuracy, or other characteristics, as laid down by a recognized certifying authority. Unlike regular trademarks, which indicate the commercial origin of goods or services, a certification mark assures consumers that the product or service has been independently verified and complies with established criteria. It is regulated under the Trade Marks Act, 1999, and commonly appears on products such as electrical appliances, food items, and agricultural goods for example, the ISI mark and AGMARK.
Shape Mark
A Shape Mark is a type of trademark that protects the unique shape or appearance of a product or its packaging, provided that the shape is distinctive and not functional. It helps consumers identify the source of the product based on its physical form.
Under the Trade Marks Act, 1999, shapes can be registered as trademarks if they are capable of distinguishing a product from others. However, Section 9(3) restricts registration for shapes that:

Arise naturally from the product's nature,

Are necessary for a technical function, or

Add substantial value to the product.

Shape marks are useful in protecting innovative designs and preventing imitation. For example, the curved design of the Coca-Cola bottle or the unique shape of KitKat bars are both protected as shape marks.
Word Mark
A Word Mark is one of the most common types of trademarks. It protects the word or group of words used to represent a brand, regardless of how they appear visually. This means that whether the word is written in bold, cursive, uppercase, or lowercase, the protection remains the same.
Word marks are powerful because they allow businesses to secure rights over the actual name or phrase, not just its design. This kind of registration is ideal when a brand wants flexibility in how the name appears in marketing, packaging, or digital platforms.
Examples: Reliance, Tata, Little Hearts, Coca-Cola
These names are protected as word marks, giving their owners exclusive rights to use them in any style or format.
Learn more about Difference Between Word Mark and Device Mark.
Pattern Mark
A Pattern Mark refers to a trademark that consists of a specific pattern or design repeatedly used on a product or its packaging, which helps consumers identify the source of that product. These patterns must be distinctive enough to stand out and be associated with a particular brand.
For a pattern to qualify for registration, it should not be merely decorative it must be unique and capable of distinguishing the goods or services from others in the market. Generic or commonly used patterns are usually not accepted unless they have acquired distinctiveness over time.
Example: A luxury brand using a repeated logo pattern on bags or clothing can register it as a pattern mark to protect that design from being copied.
Pattern marks are especially valuable for brands that rely heavily on design elements for recognition and customer loyalty.
Sound Mark
A Sound Mark is a type of trademark where a distinctive sound is used to uniquely identify the source of a product or service. When a sound becomes strongly associated with a particular brand, it can be registered under the Trade Marks Act, 1999.
To qualify for registration, the sound must be distinctive and instantly recognizable by the public as pointing to a specific brand. This could be a jingle, a musical tune, or even a unique sound effect. Such marks are commonly used in advertisements and are known as audio mnemonics.
Sound marks are particularly valuable for businesses that use sound to leave a lasting impression whether it’s the iconic roar of the MGM lion or the recognizable jingle of ICICI Bank. In India, the tune used for the Indian Premier League (IPL) is a notable example.
By registering a sound mark, brands can protect their unique auditory identity and prevent others from imitating it, thus strengthening their market presence through sound.
Conclusion
In this fast business minded world were everyday a new business is coming in to the market and usually with a same kind of business then here trademark comes into picture by which the owner can safeguard their Brand name by registering for the Trademark. By registering for the trademark owner can protect their brand identity that helps them gain trust of their customers. In India, the Trade Marks Act, 1999, offers a detailed legal framework that allows individuals and businesses to safeguard various aspects of their brand from names and logos to sounds, shapes, and patterns.
The different types of trademarks such as product marks, service marks, collective marks, certification marks, shape marks, word marks, pattern marks, and sound marks helps businesses choose the most appropriate form of protection for their unique brand elements. While trademark registration is not mandatory, doing so provides significant legal advantages, including exclusive usage rights and the ability to take legal action against infringement.
In essence, a well-protected trademark not only differentiates a business in the marketplace but also adds long-term value by securing its identity, reputation, and customer loyalty.
Frequently Asked Questions (FAQs)
Q1. What is a trademark?
Ans. A trademark is a unique symbol, word, phrase, logo, sound, or design that distinguishes the goods or services of one business from those of others.
Q2. Is it mandatory to register a trademark in India?
Ans. No, registration is not mandatory. However, registering a trademark provides legal protection and exclusive rights to use the mark.
Q3. How long is a registered trademark valid in India?
Ans. A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.
Q4. What are the different types of trademarks recognized in India?
Ans. India recognizes several types of trademarks, including:

Product Marks

Service Marks

Collective Marks

Certification Marks

Shape Marks

Word Marks

Pattern Marks

Sound Marks

Q5. What is the difference between a word mark and a device mark?
Ans. A word mark protects the textual part of a brand (e.g., "TATA"), while a device mark protects logos or stylized representations (e.g., the TATA logo).
Q6. Can sounds be registered as trademarks in India?
Ans. Yes, unique and distinctive sounds that are directly associated with a brand can be registered as sound marks.
Q7. What is a collective mark?
Ans. A collective mark is used by members of an organization or group to indicate that their goods/services belong to that group, such as the “CA” mark for Chartered Accountants.
Q8. What is the benefit of registering a trademark?
Ans. Registration provides exclusive legal rights, helps prevent unauthorized use, builds brand recognition, and adds commercial value.
Q9. Under which law are trademarks governed in India?
Ans. Trademarks in India are governed by the Trade Marks Act, 1999.
Q10. What symbols can be used for trademarks?
Ans. ™ – Indicates a trademark application has been filed.

® – Indicates a trademark has been registered with the Trademark Registry.

A trademark is a unique sign that helps identify the goods or services of one person or company from those of others. It can include words, names, symbols, logos, colours, shapes, or even sounds that make a product or service stand out in the market. When people see a particular logo or hear a specific jingle, they often connect it to a brand they trust that’s the impact of a trademark.

In India, trademarks are governed by the Trade Marks Act, 1999. This law gives the owner of a registered trademark the exclusive right to use it and to take legal action if someone else uses it without permission. In today’s competitive market, trademarks are important not only for protecting the brand but also for building its reputation and customer loyalty.

There are different types of trademarks that can be registered under Indian law, depending on the nature of the brand element. This article explains what a trademark is, why it is important, and the various types of trademarks that are recognised and protected in India.

What is Trademark?

A trademark is a unique symbol, word, phrase, logo, design, or a combination thereof, used to identify and distinguish the goods or services of one party from those of others in the market. It plays a vital role in helping consumers recognise the source of a product, especially in a competitive marketplace.

As per Section 2(zb) of the Trade Marks Act, 1999, a trademark is defined as a mark capable of graphical representation and capable of distinguishing the goods or services of one person from those of others. This definition also includes features like the shape of goods, packaging, and combinations of colours.

The primary purpose of a trademark is to establish a brand identity and ensure that consumers can easily associate a product or service with its source. A strong and distinctive trademark not only prevents market confusion but also adds significant commercial value to a business.

Is it mandatory to register Trademark in India

No, it’s not mandatory to register Trademark in India. Although if you register Trade Mark you will get legal protection under Statute. Once Registered the trademark owner exclusive rights over its use for a period of 10 years, with thew option to renew it indefinitely. It also gives power to owner to take legal action Against any unauthorized use or infringement by others.

Types of Trademarks in India

The Tade Mark Act of India Has provided many types of Trade mark in India These Are as Follows: -

Product Mark

A product mark is a type of trademark used specifically for goods or tangible products, not for services. Its main purpose is to identify the origin of a product, distinguish it from similar goods in the market, and protect the reputation and credibility of the business behind it.

Product marks help consumers associate a product with a particular manufacturer or company, thereby promoting brand recognition and trust. They are particularly important in building a strong brand image and protecting goods from imitation in a highly competitive marketplace.

In India, trademark applications for goods are generally filed under Classes 1 to 34 of the Fourth Schedule to the Trade Marks Rules, 2002. These classes cover different categories of products and are collectively referred to as product marks.

Learn more about Different Types of Trademark Classes.

Once a trademark application is submitted, the applicant is allowed to use the ™ (TM) symbol, indicating that the mark is under process. The full registration process usually takes around 18 to 24 months, depending on examination and opposition timelines.

After the trademark is officially registered, the owner receives a trademark registration certificate and is allowed to use the ® (Registered) symbol. The registered product mark remains valid for 10 years from the filing date and can be renewed periodically for continued protection.

Product marks are key tools for businesses aiming to create a distinctive identity, safeguard their products from misuse, and build lasting consumer confidence.

Service Mark

A Service Mark is a type of trademark that specifically identifies and distinguishes services offered by a business, rather than physical goods. It helps consumers associate the quality and source of a service with a particular provider, building brand trust and credibility in the market. Service marks are especially important in sectors like hospitality, education, finance, transport, IT, and healthcare.

In India, service mark applications are filed under Classes 35 to 45 as per the Trade Marks Rules, 2002. While similar in function to product marks, service marks focus solely on services and play a key role in brand recognition and protection for service-based businesses.

Once a service mark application is submitted, the ™ symbol can be used to indicate that registration is in process. After successful registration, the ® symbol may be used. The registration is valid for 10 years from the date of filing and can be renewed indefinitely, offering long-term protection under the Trade Marks Act, 1999.

Learn more about Difference Between Trademark and Service Mark.

Collective Mark

A Collective Mark is a type of trademark used by members of a group, association, or organization to identify their products or services as belonging to that group. It helps distinguish the goods or services of members from those of non-members, while also indicating that the users follow specific standards set by the collective body.

The mark is registered in the name of the association but is used by its members. It plays a key role in promoting uniformity, quality, and shared identity among the group. A popular example is the “CA” mark, used only by registered members of the Institute of Chartered Accountants of India (ICAI).

Collective marks are governed under the Trade Marks Act, 1999, and serve as a symbol of credibility, discipline, and trust for the collective.

Certification Mark

A Certification Mark is a type of trademark used to certify that the goods or services bearing the mark meet specific standards related to origin, material, mode of manufacture, quality, accuracy, or other characteristics, as laid down by a recognized certifying authority. Unlike regular trademarks, which indicate the commercial origin of goods or services, a certification mark assures consumers that the product or service has been independently verified and complies with established criteria. It is regulated under the Trade Marks Act, 1999, and commonly appears on products such as electrical appliances, food items, and agricultural goods for example, the ISI mark and AGMARK.

Shape Mark

A Shape Mark is a type of trademark that protects the unique shape or appearance of a product or its packaging, provided that the shape is distinctive and not functional. It helps consumers identify the source of the product based on its physical form.

Under the Trade Marks Act, 1999, shapes can be registered as trademarks if they are capable of distinguishing a product from others. However, Section 9(3) restricts registration for shapes that:

Arise naturally from the product's nature,
Are necessary for a technical function, or
Add substantial value to the product.

Word Mark

A Word Mark is one of the most common types of trademarks. It protects the word or group of words used to represent a brand, regardless of how they appear visually. This means that whether the word is written in bold, cursive, uppercase, or lowercase, the protection remains the same.

Word marks are powerful because they allow businesses to secure rights over the actual name or phrase, not just its design. This kind of registration is ideal when a brand wants flexibility in how the name appears in marketing, packaging, or digital platforms.

Examples: Reliance, Tata, Little Hearts, Coca-Cola

These names are protected as word marks, giving their owners exclusive rights to use them in any style or format.

Learn more about Difference Between Word Mark and Device Mark.

Pattern Mark

A Pattern Mark refers to a trademark that consists of a specific pattern or design repeatedly used on a product or its packaging, which helps consumers identify the source of that product. These patterns must be distinctive enough to stand out and be associated with a particular brand.

For a pattern to qualify for registration, it should not be merely decorative it must be unique and capable of distinguishing the goods or services from others in the market. Generic or commonly used patterns are usually not accepted unless they have acquired distinctiveness over time.

Example: A luxury brand using a repeated logo pattern on bags or clothing can register it as a pattern mark to protect that design from being copied.

Pattern marks are especially valuable for brands that rely heavily on design elements for recognition and customer loyalty.

Sound Mark

A Sound Mark is a type of trademark where a distinctive sound is used to uniquely identify the source of a product or service. When a sound becomes strongly associated with a particular brand, it can be registered under the Trade Marks Act, 1999.

To qualify for registration, the sound must be distinctive and instantly recognizable by the public as pointing to a specific brand. This could be a jingle, a musical tune, or even a unique sound effect. Such marks are commonly used in advertisements and are known as audio mnemonics.

Sound marks are particularly valuable for businesses that use sound to leave a lasting impression whether it’s the iconic roar of the MGM lion or the recognizable jingle of ICICI Bank. In India, the tune used for the Indian Premier League (IPL) is a notable example.

By registering a sound mark, brands can protect their unique auditory identity and prevent others from imitating it, thus strengthening their market presence through sound.

Conclusion

In this fast business minded world were everyday a new business is coming in to the market and usually with a same kind of business then here trademark comes into picture by which the owner can safeguard their Brand name by registering for the Trademark. By registering for the trademark owner can protect their brand identity that helps them gain trust of their customers. In India, the Trade Marks Act, 1999, offers a detailed legal framework that allows individuals and businesses to safeguard various aspects of their brand from names and logos to sounds, shapes, and patterns.

The different types of trademarks such as product marks, service marks, collective marks, certification marks, shape marks, word marks, pattern marks, and sound marks helps businesses choose the most appropriate form of protection for their unique brand elements. While trademark registration is not mandatory, doing so provides significant legal advantages, including exclusive usage rights and the ability to take legal action against infringement.

In essence, a well-protected trademark not only differentiates a business in the marketplace but also adds long-term value by securing its identity, reputation, and customer loyalty.

Frequently Asked Questions (FAQs)

Q1. What is a trademark?

Ans. A trademark is a unique symbol, word, phrase, logo, sound, or design that distinguishes the goods or services of one business from those of others.

Q2. Is it mandatory to register a trademark in India?

Ans. No, registration is not mandatory. However, registering a trademark provides legal protection and exclusive rights to use the mark.

Q3. How long is a registered trademark valid in India?

Ans. A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.

Q4. What are the different types of trademarks recognized in India?

Ans. India recognizes several types of trademarks, including:

Product Marks
Service Marks
Collective Marks
Certification Marks
Shape Marks
Word Marks
Pattern Marks
Sound Marks

Q5. What is the difference between a word mark and a device mark?

Ans. A word mark protects the textual part of a brand (e.g., "TATA"), while a device mark protects logos or stylized representations (e.g., the TATA logo).

Q6. Can sounds be registered as trademarks in India?

Ans. Yes, unique and distinctive sounds that are directly associated with a brand can be registered as sound marks.

Q7. What is a collective mark?

Ans. A collective mark is used by members of an organization or group to indicate that their goods/services belong to that group, such as the “CA” mark for Chartered Accountants.

Q8. What is the benefit of registering a trademark?

Ans. Registration provides exclusive legal rights, helps prevent unauthorized use, builds brand recognition, and adds commercial value.

Q9. Under which law are trademarks governed in India?

Ans. Trademarks in India are governed by the Trade Marks Act, 1999.

Q10. What symbols can be used for trademarks?

Ans. ™ – Indicates a trademark application has been filed.