Types of Trademark

A trademark can be registered under following categories

• Single Trademark
• Series Trademark
• Collective Trademark
• Certification Trademark
• Associate Trademark

• Single Trademark

A proprietor of a trademark can get his single trademark registered under one or more than one class by filing one a single or separate application as the case may be.

• Series Trademark
• Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as separate trade marks. Each such separate trade mark shall satisfy all the conditions applying to and have all the incidents of, an independent trade mark.

• Where a person claiming to be the proprietor of several trade marks in respect of the same or similar goods or services or description of goods or description of services, which, while resembling each other in the material particulars thereof, yet differ in respect of - (a) Statement of the. goods or services in relation to which they are respectively used or proposed to be used; or (b) Statement of number, price, quality or names of places; or (c) Other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d) Colour, he can seek to register those trade marks, they may be registered as a series in one registration

• Collective Trademark

Collective mark means a trade mark distinguishing the goods or 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. An application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark. The regulations shall specify the persons authorised to use the mark, the conditions of membership of the association and, the conditions of use of the mark, including any sanctions against misuse and such other matters as may be prescribed.

• Certification Trademark

Certification trade mark means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services. An application for the registration of a mark as a certification trade mark shall be made to the Registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorise the use of the certification trade mark, and may contain any other provisions which the Registrar may by general or special order, require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorise the use of the certification trade mark in accordance with the regulations).

• Associate Trademark
• Where a trade mark which is registered, or is the subject of an application for registration, in respect of any goods or services, is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the Registrar may, at any time, require that the trade marks shall be entered on the register as associated trade marks.  

• Where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration in the name of the same proprietor, in respect of goods and in respect of services which are associated with those goods or goods of that description and with those services or services of that description, where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services, the registrar may require the such proprietor of the trademark to register such trademark as associate trademark.

• Where a trade mark and any part thereof are is registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks.

• All trade marks registered as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks.