A “family” of marks that share a distinctive element — McDonald’s “Mc”, Voltas’ “Vol” — can be registered and protected together as a series. The common element becomes the thing consumers recognise, and the thing the law protects.
What a series (family) of marks is
A series is a set of marks with a common distinctive element that identifies them as coming from one source. Members are essentially identical or differ only trivially (the same word in italics, capitals or lowercase). McDonald’s illustrates it — McMuffin, McChicken, Big Mac — all built on “Mc.”
The proprietor gets to protect the common element across products, and to stop others using that element for similar goods. A family’s existence is a question of fact, resting on the common element’s distinctiveness, its promotion, and prior use of each member.
Section 15: how India limits a series
Under Section 15 of the Trade Marks Act, 1999, multiple marks can be filed as a series in one application — an exception to the one-mark-per-application rule — but with real limits:
- Every mark must fall within the same class of goods or services.
- Only single, permitted differences are allowed (statements of quality/price, numbers, place names, or colour — one kind at a time). Combinations of differences are “too many differences” and defeat the series.
- Section 15(3)(d) covers series where colour is the only difference; Section 10(2) deems such marks registered for all colours.
- Series members are treated as associated marks (Section 16(4)); associated marks assign or transmit only together, and use of one generally counts as use of all.
The case law
- Glaxo Group v. Union of India — Voltas showed a “Vol” family (Voltas, Volfruit, Volpump, Voldrill…); the Registrar refused “Vol_max” for confusion. The Delhi High Court found the tribunal’s order lacked a detailed comparison and sent it back for fresh consideration.
- Modi-Mundipharma v. Preet International — the proprietor of a “Cotin” suffix family (with prior “Fecotin”) restrained “Femicotin” in the same class, the Delhi High Court accepting the family/series and finding deceptive similarity and passing off.
Where India stands
The concept originated in the UK, and the Indian Act echoes UK provisions — but Indian jurisprudence on series marks is still developing. Few reported judgments squarely lay down rules, and the Supreme Court has not pronounced on it, so the doctrine remains young here.
Practical guidance
- Build around one strong common element and keep member differences single and minor.
- Register each member and evidence prior use — a family claim needs both.
- Show consumer recognition of the common element as a single-source signal.
Frequently asked questions
What is a series or family of trademarks? A group of marks sharing a common distinctive element (like “Mc” or “Vol”) that consumers recognise as coming from one source.
Can I file several marks in one application in India? Yes, as a series under Section 15 — provided they are in the same class and differ only in a single permitted way.
What differences are allowed in a series? Single differences such as statements of quality/price, numbers, place names, or colour — not combinations of these.
How do I prove a family of marks exists? By registering each member, showing prior use of each, and demonstrating that the public recognises the common element as a single-source indicator.
Legislation referred to
- The Trade Marks Act, 1999