Nowadays Trademark v Logo is a hot topic for competitive business scenery, securing your brand identity is important. Both trademarks vs logos play an integral role in this process, but they serve different purposes. Understanding the distinction is important for proper intellectual property (IP) protection.

What is a Trademark?

A trademark is any symbol, word, phrase, design, or combination thereof that identifies and distinguishes the source of goods or services. Trademarks are registered under different classes, depending on the nature of the goods or services offered. For example, Class 25 deals with clothing, while Class 9 pertains to software and electronics.

A Trademark Registration grants special rights to the owner, safeguarding that no other entity can use a confusingly similar mark in commerce. Trademarks can be either a word mark (textual representation) or a device mark (graphical representation such as a logo).

What is a Logo?

A logo, on the other hand, is a specific type of device mark that visually represents a company. While it falls under the category of trademarks, its role is more graphical. A logo is often a combination of images, shapes, and sometimes words that represent the company’s brand.

Word Mark vs Device Mark: Filing Data

When companies in India file for trademark protection, they primarily choose between word marks or device marks. Both have their advantages and disadvantages, depending on the brand’s strategy.

The data below highlights the annual applications filed in India for word marks and device marks. It also covers their objection, rejection, and successful registration rates.

Year	Total Applications Filed	Word Mark Applications (%)	Device Mark Applications (%)	Objection Rate (Word Mark)	Objection Rate (Device Mark)	Rejection Rate (Word Mark)	Rejection Rate (Device Mark)	Successful Registrations (Word Mark)	Successful Registrations (Device Mark)
2022	500,000	60%	40%	30%	25%	10%	8%	60%	65%
2021	450,000	62%	38%	32%	27%	12%	9%	58%	63%
2020	400,000	65%	35%	28%	22%	11%	7%	63%	68%

Objection and Rejection Rates: A Comparative Analysis

One of the most significant differences between word marks and device marks (Trademark vs Logo) is the likelihood of facing objections and rejections.

• Word Marks: These are more likely to face objections during the examination stage because they are purely textual. Common reasons for objections include similarity with existing marks, lack of distinctiveness, or descriptive nature. In India, approximately 30% of word mark applications faced objections in 2022.
• Device Marks: Logos or graphical representations tend to face fewer objections because they are visually distinct. In 2022, only 25% of device marks encountered objections.
• Rejection Rates: Rejections for word marks are generally higher than for device marks. In 2022, around 10% of word marks were rejected, whereas only 8% of device marks faced rejection. This is often due to the relative uniqueness of logos compared to textual word marks.

Combination Trademark Registration: A Strategic Approach

Many businesses opt for a combination trade mark registration, which includes both a word mark and a device mark. This strategy provides complete protection, covering both the textual and graphical elements of the brand. Combination applications tend to face fewer objections and rejections, as they cover a wider scope of brand identity.

Data Comparison:

Year	Combination Mark Applications	Objection Rate	Rejection Rate	Successful Registrations
2022	150,000	20%	5%	75%
2021	140,000	18%	4%	78%

Indian Examples and TM Classifications

Let’s explore some real-world examples of trademark registrations in India and the corresponding TM Classes:

1. Tata Motors:
   • Word Mark: “Tata”
   • Device Mark: Tata’s logo with the iconic “T” symbol.
   • TM Class: Primarily Class 12 (Vehicles) and Class 7 (Machinery).
2. Amul:
   • Word Mark: “Amul”
   • Device Mark: Amul’s mascot featuring the Amul girl.
   • TM Class: Class 29 (Dairy Products).
3. Reliance Jio:
   • Word Mark: “Jio”
   • Device Mark: The circular Jio logo.
   • TM Class: Class 38 (Telecommunications).

Case Laws Involving Trademark vs Logo

To better understand the legal landscape surrounding trademarks in India, let’s review some significant case laws:

1. Amritdhara Pharmacy v. Satya Deo Gupta (AIR 1963 SC 449)

In this case, the Supreme Court ruled in favor of Amritdhara Pharmacy, allowing the word mark “Amritdhara” to be registered despite an objection regarding its similarity to an existing mark “Lakshmandhara.” This case highlights the scrutiny word marks often face due to phonetic similarities.

2. Tata Sons Ltd. v. Manoj Dodia (2001 PTC 432)

This case involved Tata Sons successfully defending their device mark (logo). Manoj Dodia attempted to register a deceptively similar logo, but the court ruled that the visual and conceptual similarities would likely cause confusion. This demonstrates the strength of device marks in brand protection. Which is the key difference in Trademark vs Logo registration process in India.

3. ITC Limited v. Britannia Industries Ltd. (2017)

ITC filed a case against Britannia over the packaging of its “NutriChoice Digestive Biscuits,” alleging that it was deceptively similar to its own trademark. The court’s decision emphasized the importance of combination marks (both word and device), as the packaging involved both textual and graphical elements.

TM Classifications and their Importance

Trademark classes are essential for distinguishing between various goods and services. In India, trademarks are categorized under 45 different classes, with Classes 1-34 covering goods and Classes 35-45 covering services. Registering your mark under the correct class is vital to ensure comprehensive protection.

Here are some important TM Classes relevant to Indian businesses:

TM Class	Description	Examples
Class 9	Software, Electronics, and IT Services	Microsoft, Infosys
Class 25	Clothing and Apparel	Raymond, FabIndia
Class 30	Food and Beverages (Non-Alcoholic)	Nestlé, Britannia
Class 35	Advertising, Business Management, Consulting	Deloitte, McKinsey
Class 38	Telecommunications	Jio, Airtel

Key Remark

Understanding the differences between trademark vs logo is important for businesses seeking brand protection. Word marks and device marks serve distinct purposes, and each comes with its own set of challenges during the registration process.

Data shows that word marks tend to face higher objection and rejection rates due to their broader application and phonetic similarities with existing trademarks. On the other hand, device marks, including logos, are more likely to be approved due to their visual distinctiveness.

To optimize trademark protection, many companies opt for combination registrations. A strategy that offers more comprehensive coverage for both textual and visual elements. This has proven effective, as evidenced by higher registration success rates and fewer objections.

In India, the importance of TM Classes cannot be overstated. makes sure your trademark is registered under the correct class is important for avoiding conflicts and securing legal protection. By examining real-world examples and case laws, businesses can make informed decisions about which type of trademark to pursue, confirming they maintain control over their brand identity in a competitive marketplace.