Difference between Word Mark and Device Mark Trademark Application - PowerPoint PPT Presentation

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Difference between Word Mark and Device Mark Trademark Application

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Title: Difference between Word Mark and Device Mark Trademark Application


1
Trademark Registration in India Sunbrio
  • https//www.sunbrio.com/trademark-registration

2
Difference between Word Mark and Device Mark
Trademark Application
3
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.
4
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 countrys 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.
5
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.
6
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.
7
Contact Us SunBrio Consultancy Pvt.
Ltd. 1202/32, 2nd Floor, Bhagya
Building,Opposite Coronet Hotel, Apte
Road,Shivajinagar, Pune 411 004,Maharashtra,
INDIA Visit https//www.sunbrio.comEmail
 consultancy_at_sunbrio.comPhone  91 972 118
4433
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