Before the advent of the New TM Rules, 2017, there were separate applications which had to be filed for each of the below mentioned types of trademarks and there were separate forms for single class and multi-class applications, also depending upon whether priority was claimed or not. The type of the application would depend upon factors like the type of mark that is to be filed, single or multi-class, priority or not. An application could be for:

  1. Normal trademark – This is a normal trademark application to be filed for a word, device or any other combination thereof.
  2. Certification mark – a certification mark is defined under Section 2(e) of the Act as “certification trade mark” means a mark capable of distinguishing the goods or service 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 service not so certified and registrable as such under Chapter IX in respect of those goods or service in the name, as proprietor of the certification trade mark , of that person;’ In short, it is a mark certifies the characteristics like quality, origin etc of other goods/services. Example ISI (Indian Standard Institute) mark.
  3. Collective mark – As the name suggests, where the mark belongs to a collective group or association of persons, it is called a collective mark. Example – CII (Confederation of Indian Industry)
  4. Series mark – where the trademark applied for, is in the form of a series. In other words, the primary element of a mark might be used/intended to be used in several forms/ways by the proprietor and instead of filing separate applications for each, it is possible to file them as a series. Example : McDonald has series marks incorporating the term “Mc” like Mc chicken, Mc Café, Ms Donuts etc.

Currently all the above applications could be filed under Form TM-A.

Generally a trademark application can be filed on the following basis

  1. Indian application – this is an application filed directly in one of the IP offices in India.
  2. International applications – India acceded to the Madrid Protocol and with effect from July 8, 2013 it is possible to designate India in an international application. Similarly it is also possible to file online an international application under the Madrid Protocol through the Indian trademark office.

Also Read: