A Trademark application has various categories to cover the different aspects of a trademark. These have been explained thoroughly in the previous blog post - What are the different categories of Trademark Registrations in India.
The most commonly applied trademark categories are the Word Mark category and the Device Mark category. These categories cover the most important aspect of the trademark, the pronunciation, and the visual impact of the brand name. So, which is the trademark category which you should be choosing among these two to proceed with your trademark application? In this article, we will try to explain the core factors underlining these two categories.
Word mark category covers the trademark, letter by letter. For unique brand names, names which have no meaning of any sort, or which have been coined by its owners after due research but is completely new and has never been heard before, the best approach is to register their trademarks under the category of – Word mark. By doing so, you are asking for the right over the complete word which you have coined for your business. Once you obtain this right after getting your trademark registered, it gives you protection over use of that word in any way possible. It will protect the word for you even if somebody else is using it in any different language but in the same country’s jurisdiction. It will also protect your brand name even if there is a different logo image being used by anyone else along with the brand name. The word mark category thus applies the most protection for any brand name but is the toughest to get as well. The registrars examine a word mark application more strictly than other category trademark applications.
The device mark category covers the trademark in logo along with the trademark. For brand names which are common in nature of have a part of them matching an existing trademark application, it is suggest to apply under the Device category. A Logo image is attached along with the word mark while filing of the trademark application. It indicates that the word mark will be used in association with the logo all the time. It also states that the logo will be used to relate the word mark for the public in trade. Thus, the trademark is protected only in association with the logo. Hence, if you face an infringement of your trademark, where the infringer has used your brand name but is having a different logo to represent his business, you will not be able to take action against him with the use of your trademark registration certificate. This type of category is taken as additional certification after obtaining the word mark trademark registration mentioned earlier. Or, as mentioned earlier, it becomes easy to get the trademark application accepted by the registrar if applied under this category when there is a similar trademark application already on record. But, that trademark application should not be a Word Mark application, then the chances are none.
Thus, It is very important to understand the legal limitations of each category, thus to completely secure your trademark, if at all you are required to take any legal action against anybody in the future.
Many a times you feel that getting the logo registered along with the trademark at the same cost will be the best thing to do. But this particular offer comes as a disguise to the loss you face when you have to stop someone using your brand name with a different logo as your competitor in the trade of your business.
For detailed guidance, you may contact us by filing our form on our – Trademark Registration – page.
A Trademark application has various categories to cover the different aspects of a trademark. These have been explained thoroughly in the previous blog post - What are the different categories of Trademark Registrations in India.