Types of Trademarks in India: Word, Logo, Series, Collective, Certification and Well-Known
Short answer: Under the Trade Marks Act, 1999, a "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours, or any combination of these (section 2(1)(m)). To be registered it must be capable of being represented graphically and of distinguishing one business's goods or services from others' (section 2(1)(zb)). In practice the main types filed in India are:
- word marks
- device (logo) marks
- shape, colour and sound marks
- series marks
- collective marks
- certification trade marks
- well-known trade marks
Types of trademarks at a glance
| Type | What it protects | Example of use | Law |
|---|---|---|---|
| Word mark | The name or word itself, in any font or style | A brand name in plain text | Section 2(1)(m) |
| Device mark (logo) | A logo, label or stylised design as shown | The brand's logo artwork | Section 2(1)(m) |
| Shape mark | The shape of goods or their packaging | A distinctive bottle shape | Section 2(1)(m) and (zb) |
| Colour mark | A combination of colours used as a brand | Distinctive colour scheme on packaging | Section 2(1)(m) and (zb) |
| Sound mark | A jingle or sound used as a brand | A short audio signature | Section 2(1)(zb); rule 26 |
| Series mark | Several similar marks differing only in non-distinctive details | One name with different numerals or colours | Section 15(3) |
| Collective mark | A mark of an association, used by its members | A trade association's mark | Section 2(1)(g); sections 61–68 |
| Certification trade mark | Certifies origin, material, method, quality or other characteristics | A quality-certification label | Section 2(1)(e); sections 69–78 |
| Well-known trade mark | A mark known to a substantial segment of the public, protected even for different goods | A famous brand used on unrelated goods by others | Section 2(1)(zg); section 11 |
Need help with this?
Filing for your own brand? See our trademark registration service: search, class selection and Form TM-A filing, handled for you. We are a trademark consultant in Ahmedabad working with businesses across Gujarat.
Word mark vs device mark: which to file
A word mark protects the name itself, whatever font, colour or logo you later use with it, so it is usually the stronger first filing. A device mark protects the logo as drawn, which helps when the design is distinctive but the words are common. Many businesses file the word first and the logo separately. See logo trademark registration for the details of filing a logo.
Series marks
Under section 15(3), where one owner has several marks for the same or similar goods or services that resemble each other in material particulars but differ in matters of a non-distinctive character, they may be registered as a series in one registration. A common case is the same brand name shown in different colours, or with different numerals for different sizes.
Collective and certification marks
- Collective mark. Owned by an association of persons (not a partnership firm), it identifies the goods or services of its members. The application comes with regulations on who may use the mark and how (sections 61–68).
- Certification trade mark. It shows that goods or services have been certified by the owner for origin, material, mode of manufacture, quality, accuracy or other characteristics. The owner certifies others' goods; it must not trade in those goods itself (sections 69–78).
Both are filed with regulations governing use; the TM-M fee for regulations of collective or certification marks is in our fees guide.
Well-known trade marks
A well-known trade mark is one that a substantial segment of the public using the goods or receiving the services associates with its owner (section 2(1)(zg)). Its protection reaches beyond the owner's own classes. An owner can ask the Registrar to determine a mark as well-known on Form TM-M, with an official fee of ₹1,00,000 per mark. Courts and the Registry have recognised many marks this way; see our well-known trademark case laws.
Shape, colour and sound marks
These are registrable if they can be represented graphically and are distinctive. Rule 26 of the Trade Marks Rules, 2017 says how each is shown in the application. For a sound mark, that means an MP3 file of up to 30 seconds with a graphical representation of its notes. Such marks often face an objection that they are not distinctive, so evidence of use and recognition matters.
For definitions of other trademark terms, see our trademark glossary and trademark law guide.