A trademark refers to a characteristic mark, possibly a symbol, logo, word, slogan, or design that distinguishes an enterprise’s product from that of others. A process of trademark registration guarantees lawful protection by impeding other parties from employing the same mark, potentially confusing buyers. In India, trademark regulation is under the Trademark Act of 1999, while the process of registration is kept by the Controller General of Patents, Designs, and Trademarks, an organisation under the Department of Ministry of Commerce and Industry.
Obtaining a trademark vests the owner exclusive rights to use it, increasing brand visibility, credibility, and economic value. It also designates legal remedies in instances of unauthorised use or infringement. Trademarks may take the form of several elements such as names, logos, slogans, product shape, sounds, and even colours used by an enterprise.
Trademark protection enables firms to build their market foundation, build consumer confidence, and safeguard intellectual property. A registered trademark is a good asset that goes a long way in ensuring the long term success of a brand.
What are Registrable Trademarks?
A registrable trademark constitutes any unique sign, symbol, term, phrase, logo, sound, shape, or colour that can be used to identify and distinguish a company’s products or services from others. The registrable trademark must be distinctive but not generic and must not be misleading.
1. Word Marks
A wordmark consists of merely letters, numerals, or a combination thereof, but no other things. Word marks point to the verbal representation of the brand name.
Examples are Google® (internet search service), Coca-Cola® (drinking company), and Tata® (Indian multinational corporations).
Registered word marks have sole ownership of the text, no matter the font, colour, or typography.
2. Device Marks (Logos, Symbols)
A device mark is a graphic illustration of a brand by logos, symbols, or stylised letters. These trademarks include the form, shape, and artistic elements of a logo.
Examples are:
- Apple Logo® – Apple Inc. (Electronic Goods)
- Nike Swoosh® for sporting apparel
- McDonald’s Golden Arches® for fast food
A logo trademark continues to be protected by law even if the name of the brand is altered.
3. Combination Marks (Word and Logo)
A combination mark is both a textual and a graphic symbol (logo). Such trademarks include the name of the brand as well as the visual appearance, thus providing greater legal protection.
Examples are:
- Starbucks® (Name + Mermaid Logo) – Coffee shop.
- Burger King® (Text + Crown Logo) – Fast food restaurant.
- Adidas® (Name + Three Stripes) – Sports brand.
This form of registration protects both the identity of the brand and its logo design.
4. Taglines & Slogans
A tagline or slogan is a short sentence that summarizes a brand’s identity and values. A sentence can be trademarked if it is unique and closely linked to the brand.
Some examples are Nike’s “Just Do It”®, McDonald’s “I am Lovin’ It”®, and L’Oréal’s “Because You Are Worth It”®.
Trademarking a slogan makes the brand more recognizable and keeps competitors from duplicating similar marketing slogans.
5. Sound Marks (Audio Branding)
A sound mark is an original sound signature or jingle which immediately refers to a brand. Sound marks need to be distinctive, widely known, and not generic for registration.
Nokia Tune® for cellular ringtones, Intel Inside® for initial startup sounds, and MGM Lion’s Roar® for the motion picture industry are examples.
Sound trademarks shield audio branding components from being duplicated or misused.
6. Shape Marks (3D Trademark)
A shape trademark guards the distinctive shape or form of a product from being copied by its competitors.
Examples are the Coca-Cola Bottle®, Ferrari Car Design®, and Toblerone Chocolate®, each having a distinct shape.
These trademarks are especially beneficial for recognizing products with distinct packaging or design elements.
7. Color Marks
A color trademark is granted when a specific color or set of colors is closely linked to a brand. The color should be distinctive and not typical in the industry.
Examples are:
- Cadbury Purple® for chocolate packaging.
- Tiffany Blue® linked to the jewelry company.
- Coca-Cola Red & White® for its drink products.
To register a color mark successfully, the brand should offer proof of usage and consumer identification of the given color.
8. Motion Marks (Animated Logos, Graphics)
A motion mark protects the animated parts of a logo, design, or graphic. While these marks are not old, they are picking up speed in the digital branding world.
Examples include Google Doodle Animations® presented on search homepages, Lamborghini Door Opening Motion® on luxury sports cars, and Microsoft Windows Logo Animation® for startup screen presentations.
Motion trademarks defend the dynamic characteristics of branding and are thus specifically well-suited for digital and multimedia businesses.
9. Hologram Marks
Hologram marks are three dimensional visual appearances or light designs used for purposes of branding. They are trademarked trademarks used in packaging for products, authenticating labels and security details.
Some of these security features include MasterCard Hologram® on a credit card, Pepsi Holographic Logo® on promotional material, and banknote holograms to ensure authenticity.
Hologram trademarks prevent counterfeiting and unauthorised duplication.
10. Certification Marks
A certification trademark indicates that a product meets certain quality, safety, or origin requirements specified by a regulatory agency. Such symbols help consumers identify authentic and authorised products.
Examples include the ISI Mark® for goods certified by the Bureau of Indian Standards and the Organic India Logo® for certified organic agriculture products. Additionally, Woolmark® certification guarantees quality wool.
Certification trademarks enhance the confidence of the consumer and guarantee the authenticity of the product.
11. Collective Marks
A collective trademark is applied by a group, association, or organisation to name products or services of members of such organisations. Collective trademarks play a critical role in maintaining industry standards and brand identification.
Some examples are the CA Logo® (Chartered Accountants of India) for members who are certified, the FICCI Logo® (Federation of Indian Chambers of Commerce & Industry) for registered members, and the AMUL® (Gujarat Cooperative Milk Marketing Federation) for milk producers.
Collective marks encourage standardisation and quality control among all the affiliated members.
What Are Non-Registrable Trademarks?
A non-registrable trademark is one that does not conform to the legal criteria for registration along the provisions of trademark law. According to India’s Trademark Act of 1999, a trademark must be distinctive, not deceptive, and differentiable from any pre-existing trademarks in order to be registrable. Non-distinctive, misleading to consumers, or contrary to public morals marks will not be registrable.
1. Generic or Common Terms
A generic name is normally the name used to describe a certain type of service or product: such names are non-registrable because they do not identify any particular brand.
Examples are “milk” for a dairy, “laptop” for a computer brand, and “bread” for a bakery.
Why is it not registerable?
Generic terms are in the public domain and cannot be exclusively owned by a single party. A term such as “Apple” for computers can become registrable if it acquires distinctiveness through prolonged use.
2. Descriptive Marks (Ordinary Adjectives and Attributes)
Descriptive trademarks describe a product’s quality, feature, or attribute but do not create an original brand image.
Some examples are “sweet” for a confectionery company, “cold” for an air-conditioning service, and “tasty” for a food product.
Why isn’t it registrable?
The terms are defining product characteristics, and permitting a single company to appropriate them will interfere with reasonable competition. Still, a descriptive term can be registered if it gains secondary meaning, as did “American Airlines”® in the case of an airline firm.
3. Deceptive Trademarks
A deceptive trademark creates a false impression regarding the nature, quality, or source of a product.
Examples of these are “HerbalCare” for a product composed of synthetic chemicals, “Swiss Watches” for Chinese watches, and “Organic Fresh” for a brand that does not sell organic food.
Why is it not registerable?
Trade marks that mislead consumers or make wrong assumptions are excluded under the Trademark Act of 1999.
4. Confusingly Similar or Identical Trademarks to Previously Registered Trademarks
An applicant trademark that is identical or similar to a previously registered mark will be prohibited to prevent confusion or infringement.
Examples are “PepsiCol” (similar to Pepsi), “Nikee” (confusingly similar to Nike), and “KFCee” (confusingly similar to KFC).
Why is it not registerable?
It is illegal to confuse similar trademarks for the protection of consumers and proprietors. Uniqueness qualifies for trademark registration.
Another factor working against the registration of such marks is that they do not seem market-oriented since the names are protected under the Emblems and Names (Prevention of Improper Use) Act of 1950.
5. Offensive, Immoral or Scandalous Trademarks
Trademarks with offensive, immoral, racist, or religiously insensitive words or symbols are prohibited.
Here are examples:
- Obnoxious words and slurs as trade names
- Degrading uses of religious symbols (i.e., the improper use of “Jesus” or “Allah”)
- Sexually explicit pictures or words as branding
Why is it not registrable?
These marks are contrary to public consciousness and barred under the Indian Trademark Act.
6. Offending Religious Beliefs Marks
Marks that offend against the religious tenets of a community are excluded.
Examples include “Shiva Beer,” named after a Hindu god in respect to liquor, and “Allah Soap,” taking advantage of Islamic sacred titles. Also, “Buddha Cigarettes” desecrates Buddhist principles.
What makes it not registrable?
Religious names, symbols, or gods to be commercialised in a form likely to offend communities is unacceptable.
7. Names of Great People Without Licence
Use of a well-known person’s (either living or deceased) name, image, or signature without authority is not allowed.
Examples which are unauthorised are “Sachin Tendulkar Sports Academy,” “Amitabh Bachchan Clothing Line,” and “Gandhi Jeans,” which misappropriated the name of Mahatma Gandhi.
Why is it unregistrable?
The use of a celebrity’s identity without permission violates personality rights and trademark provisions.
8. Marks that Encourage Illegal Activities
Trademarks promoting illegal or immoral activities are prohibited.
Examples:
- “WeedCigarettes,” promoting illegal drugs.
- “PirateMovies,” suggesting unauthorized downloading of movies.
- “ScamInvest,” indicating fraudulent business practices.
Why is it unregistrable?
The law bans trademarks that support or encourage criminal enterprise.
9. Geographic Descriptors as Marks (Unless Distinctive)
A generic geographic descriptor is not registered as a trademark because it refers to a geographical location, not a brand name.
For example, “Mumbai Bakery” for a bakery in Mumbai, “Himalaya Tea” for tea from the Himalayas, and “California Jeans” for jeans from California.
Why is it unregistrable?
Geographic names are in the public domain. However, some brands, e.g., “Himalaya®” (health products) and “Darjeeling®” (tea), have successfully registered after prolonged use.
10. Trademarks Based on Common Shapes or Functional Designs
A trademark that is a simple shape or design necessary for the functionality of a product is not registrable.
Examples are:
- A plain circle symbolising a button maker.
- An industry-standard bottle shape used by drink manufacturers.
- A traditional USB stick format used by a technology brand.
Why is it unregistrable?
Simple shapes and functional designs have to be made available to everybody.
11. Marks Bearing National Symbols or Government Emblem
Trademarks bearing national flags, emblems, or government official seals cannot be registered because they are the property of the nation, not private companies.
Examples:
- The Indian National Flag as a brand logo
- The Ashoka Chakra or National Emblem of India in a company’s branding
- “Government of India” as a trademark
Why Not Registrable?
Such marks are safeguarded under the Emblems and Names (Prevention of Improper Use) Act, 1950, and cannot be utilised for commercial use.
Conclusion
It is imperative for businesses that seek legal protection and brand prominence to understand registrable and non-registrable trademarks. A registrable trademark is unique, distinctive, and legally enforceable, which benefits brands in identifying themselves and discouraging copying. Non-registrable trademarks fail to meet the required distinctiveness and can lead to consumer confusion or breach of legal and moral standards, disqualifying them from protection. Choosing a strong and unique trademark registration guarantees exclusivity, improves market reputation, and leads to long-term business success. By avoiding generic, misleading, or harmful trademarks, businesses can protect their intellectual property and develop a strong brand image in a competitive market.
