Marketing

Trademarks & Logos

Pushkar Kulkarni
 Trademark
• A trademark, trade mark, or trade-mark is a
recognizable sign, design or expression which
identifies products or services of a particular source from those of
others.
• The trademark owner can be an individual, business organization, or
any legal entity.
• A trademark may be located on a package, a label, a voucher or on the
product itself.
• Trademarks are used to claim exclusive properties of products or
services.
• A trademark is a device which can take almost any form as long as it is
capable of identifying & distinguishing specific goods and services.
• A service mark is the same as a trademark, except that it identifies and
distinguishes the source of a service, rather than a product.
 Trademark Examples
Words Phrases
 Trademark Examples
Symbols Designs
Service Mark Examples
 Trademarks
• A trademark can be designed in following
symbol:

Un-registered trade mark

Un-registered service mark

Registered trademark / service mark

 Trademarks
• A trademark is a word, phrase, symbol, or design,
or a combination of these elements
• There is also a range of non-conventional trade
marks comprising marks which do not fall into
these categories may therefore be visible signs
(colors, shape, moving images, hologram, etc) or
non visible signs (sound, scent, tastes, texture,
etc).
• A trademark is normally associated from long
term perspective.
• According to Section 2 (zb) of the Trade Marks
Act, 1999, “trade mark means 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 may include
shape of goods, their packaging and combination
of colours.”
 Functions of Trademark
• Indicates the source of origin of goods or
services
• Helps guarantee the quality of goods bearing
the mark
• Creates and maintains a demand for the
product
• Used as a marketing tool to build a brand
• Can have great $ value to a company
 Why protect a trademark?
• Trademarks are protected under federal and state
law
– Trademarks are earned not born
– Trademarks come into being through actual use
• You do not have to register a trademark to have it
protected, but there are some advantages to doing
so
– A trademark registration provides:
• Constructive notice to the public of the registrant's claim of
ownership of the mark
• Registrant's exclusive right to use the mark nationwide on or in
connection with the goods and/or services listed in the
registration
 Indian Trademark Law
• Indian trademark law statutorily protects trademarks as per the
Trademark Act, 1999 and also under the common law remedy of passing
off.
• Passing off is a common law tort which can be used to enforce
unregistered trademark rights. The tort of passing off protects
the goodwill of a trader from a misrepresentation that causes damage
to goodwill.
• Statutory protection of trademark is administered by the Controller
General of Patents, Designs and Trade Marks, a government agency which
reports to the Department of Industrial Policy and Promotion (DIPP),
under the Ministry of Commerce and Industry.
• The law of trademark deals with the mechanism of registration, protection
of trademark and prevention of fraudulent trademarks.
• The law also provides for the rights acquired by registration of trademark,
modes of transfer and assignment of the rights, nature of infringements,
penalties for such infringement and remedies available to the owner in
case of such infringement (violation of law).
 Trademarks

• Trademarks in India are classified into 45

different classes. E.g: Chemical substances,
handhold tools, etc.

• These classes are further sub-divided. The

main objective of trademark classification is to
group together the similar nature of goods
and service.
 Trademark Classes
• Class 1 (Chemicals) • Class 14 (Jewelry)
• Class 2 (Paints) • Class 15 (Musical
• Class 3 (Cosmetics and Instruments)
Cleaning Preparations) • Class 16 (Paper Goods
• Class 4 (Lubricants and and Printed Matter)
Fuels) • Class 17 (Rubber
• Class 5 Goods)
(Pharmaceuticals) • Class 18 (Leather
• Class 6 (Metal Goods) Goods)
• Class 7 (Machinery) • Class 19 (Non-metallic
• Class 8 (Hand Tools) Building Materials)
• Class 9 (Electrical and • Class 20 (Furniture and
Articles Not Otherwise
Scientific Apparatus) Classified)
• Class 10 (Medical
Apparatus) • Class 21 (Housewares
and Glass)
• Class 11 (Environmental • Class 22 (Cordage and
Control Apparatus) Fibers)
• Class 12 (Vehicles)
• Class 23 (Yarns and
• Class 13 (Firearms) Threads)
• Class 24 (Fabrics)
• Class 25 (Clothing)
• Class 26 (Fancy Goods)
• Class 27 (Floor
Coverings)
• Class 28 (Toys and
Sporting Goods)
• Class 29 (Meats and
Processed Foods)
• Class 30 (Staple Foods)
• Class 31 (Natural
Agricultural Products)
• Class 32 (Light
Beverages)
• Class 33 (Wines and
Spirits)
• Class 34 (Smokers'
Articles)
 Trademark Classes
• Services:

• Class 35 (Advertising and Business)

• Class 36 (Insurance and Financial)
• Class 37 (Building, Construction and Repair)
• Class 38 (Telecommunication)
• Class 39 (Transportation and Storage)
• Class 40 (Treatment of Materials)
• Class 41 (Education and Entertainment)
• Class 42 (Computer, Scientific and Legal)
• Class 43 (Hotels and Restaurants)
• Class 44 (Medical, Beauty, and Agricultural)
• Class 45 (Personal and Social Services)
 Registration of Trademarks
• The Trade Marks Registry was established in India in 1940 and presently
it administers the Trade Marks Act, 1999 and the rules thereunder.
• Under the Indian trademark law following are the type of trademarks
that can be registered:
– Product trademarks: are those that are affixed to identify goods.
– Service Trademarks: are used to identify the services of the entity, such as a
trademark for a broadcasting service, retail outlets, etc.
– Certificate Trademarks: Are those that are capable of distinguishing the
goods or services in connection with which it is used in the course of trade
and which are certified by the proprietor with regards to their origin,
material, the method of manufacturer, the quality or any other feature.
– Collective Trademarks: Are registered in the name of groups, association or
other organisations for the use of members of the group in their
commercial activities to indicate their membership of the group.
 Advantages of trademarks
• Protects your hard earned goodwill in the market
• Protects your name /brand name from being used in a similar
fashion, by any other business firm
• Gives your product a symbol of branded goods.
• Increase the quality and value of products
• Exclusive rights to use the trade marks of good as and when
required.
• To obtain relief in respect of infringement (misuse by others)
of the trade mark.
• Power to assign trademark to others
• Good will and value of the trademark in the market.
 Procedure / Steps for trademark registration.
• Filing of application form for registration by person claiming to be the
proprietor of the trademarks, in office of trademark registry within the
territorial limits of the place of business in India.
• Examination by the registrar to ascertain whether it is distinctive and
does not conflict with existing registered or pending trademarks &
examination report is issued.
• Publication of the application after or before acceptance of the
application in the trade journal.
• After publication if any person gives notice of his opposition to the
registration within the three months which may be extended to the
maximum of one month
• If the opposition has been decided in the favor of the application, of the
registration of the trademark, the registrar shall register the trademark.
• On the registration of the trademark the register shall issue to the
applicant a trademark registration.
• Application fees for registration around Rs.3500 per trademark.
 Logos
• A graphic representation
or symbol of a company
name, trademark,
abbreviation, etc.

• Often uniquely designed

for ready recognition.

• Logo can be registered as

a trademark.
 Why are logos important?
• Anchor a company’s brand and become the
single most visible manifestation of the
company within the target market

• Become a shorthand way of referring to the

company in ads & marketing material

• Provides essential information about the

company that allows customers to identify
with the company’s core brand.
 What makes a good logo great?
• Follow solid basic design principals
• Be functional
• Represent the company
• Be unique
 Logos
• As companies change, so does their logo:
• Top 4 reasons for change in logos:
– To make graphics less complex
– Business merged with another
– The company’s name was changed
– To infuse it with new life
THANK YOU