Categories of Trademark: Certification Marks, Collective Marks, Well known Marks and Non-Conventional Marks
1. Certification Marks
Definition:
Marks used to certify the origin, quality, material, mode of manufacture, or other characteristics of goods or services.
Who Uses Them:
Used by authorized users, not the owner, to indicate that the product or service meets certain standards.
Example:
The “ISO Certified” logo or “AGMARK” in India certifies agricultural products meet government standards.
Purpose:
To assure consumers that the product/service adheres to specified criteria, regardless of who produces it.
2. Collective Marks
Definition:
Marks used by members of an association, cooperative, or other collective group to identify themselves as belonging to that group.
Who Uses Them:
Used collectively by members of a group or organization.
Example:
The trademark of the Indian Chambers of Commerce used by members to show membership.
Purpose:
To indicate membership or association with a collective group rather than a single entity.
3. Well-Known Marks
Definition:
Marks that are widely recognized by the public and enjoy a higher degree of protection under trademark law, even beyond their registered classes.
Who Uses Them:
Typically big, famous brands.
Example:
Coca-Cola, Google, or Apple are considered well-known marks globally.
Purpose:
To prevent unauthorized use or dilution of the brand, even in unrelated goods or services.
4. Non-Conventional Marks
Definition:
Trademarks that do not fall under traditional categories of words, logos, or devices. These include shapes, colors, sounds, smells, and other sensory marks.
Types:
Sound Marks: E.g., the Intel bong sound.
Color Marks: E.g., Tiffany’s signature blue color.
Shape Marks: E.g., the shape of the Coca-Cola bottle.
Hologram Marks
Motion Marks
Purpose:
To protect distinctive sensory features that uniquely identify a brand or product.
Summary Table
| Category | Purpose | Users | Example |
|---|---|---|---|
| Certification Mark | Certify quality or standards | Authorized users | ISO Certified, AGMARK |
| Collective Mark | Indicate membership of a group | Members of associations | Chamber of Commerce mark |
| Well-Known Mark | High public recognition; broader protection | Famous brands | Coca-Cola, Google |
| Non-Conventional Mark | Protect non-traditional marks (sound, color, shape) | Any brand with unique sensory marks | Intel sound, Tiffany blue |
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