Mark, Trade-Mark, Well Known Mark and Collective Mark: Meaning and Difference
Updated: Apr 3, 2020
In general words, trademark is a symbol of any Trade, Business, Product or Service, which may consist of a word, name, device, label or numerals used by a business to distinguish it products or services from other similar products or services. A registered trademark is an intangible asset or intellectual property for a business and is used to protect the company's investment in the brand or symbol. You can register a Trademark if:
It is capable of distinguish the products and services of one person from those of others;
It is not similar or identical to an existing registered trademark;
It does not consists exclusively of words or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;
It is not offensive, generic, deceptive;
It is distinctive and does not contains specially protected emblems, etc.;
Let's understand these words as per the Trademark Act, 1999:
“Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
“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.
In relation to Chapter XII (other than section 107) of Trademark Act, 1999, a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark: and
In relation to other provision of Trademark Act, 1999, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.
“Well Known Trade Mark”, in relation to any goods or services, means an mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first- mentioned goods or services.
“Collective Mark” mean a trade mark distinguishing the goods of services of members of an association of persons (Not being a partnership within the meaning of the Indian Partnership Act, 1932) which is the proprietor of the mark from those of others.
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