It is vital that trademarks contribute to the creation and protection of the identity, products, and services of any firm. A trademark helps differentiate one brand from another while increasing brand recognition, acceptance, and the commercial value of the product or service among consumers. In India, the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 govern the registration of trademarks to protect against the unauthorised use of marks that are identical or deceptively similar to your own. Trademarks do not have to be only corporate names or logos. They can also be unique words, symbols, shapes, colours, sounds, and other distinctive elements of the brand. Based on the type of trademark and the identity it represents, different types of trademarks give different levels of protection.
If you are a Chennai or Tamil Nadu business owner, the practical answer is below. Applications from Tamil Nadu are filed online and processed by the Trade Marks Registry, Chennai. Start with our trademark registration service, or read on to decide what to file.
Quick Summary
Choosing between a word mark and a device mark is an important decision when protecting your brand identity through trademark registration in India. A word mark protects the brand name, words or letters, while a device mark protects a logo, symbol or stylised design. The right filing strategy depends on your brand identity, marketing approach, future plans and available budget.
- File a word mark first: Choose this option when your brand name is your primary identity, your logo may change or you want broader protection for the name regardless of its visual presentation.
- File a device mark first: Consider this when your logo is finalised and is the main element customers recognise on packaging, labels, advertisements or signboards.
- Consider filing both: If your budget permits, submit separate applications for the word mark and device mark because protection for one does not automatically cover the other.
- Understand government fees: The e-filing fee is generally ₹4,500 per application per class for individuals, startups and small enterprises, and ₹9,000 per application per class for other applicants.
- Know trademark validity: A registered trademark is valid for 10 years and can be renewed for successive 10-year periods.
- Use trademark symbols correctly: You can use ™ after filing a trademark application, while the ® symbol should be used only after the trademark is registered.
- Choose the right filing strategy: Evaluate your brand name, logo, relevant trademark classes and potential conflicts before submitting an application.
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What Is a Word Mark?
The word mark is a type of trademark that offers protection to the brand, word, letter, number, or characters used to identify a firm, product or service. This trademark focuses on protecting the linguistic aspect of the trademark rather than the logo or any other visual aspects. In India, the word mark can be registered under the provisions of the Trade Marks Act, 1999. It is usually filed in plain or standard characters, which signals that you want protection for the word itself, whatever the font, style or colour.
For instance, registering the name of the brand NIKE as a word mark helps the brand maintain its linguistic identity irrespective of how the name appears, whether in terms of font style or colour. Word marks help firms use brand names on different platforms, including packaging, advertising materials, and others.
Word marks come in handy for firms that want to protect their brands in the long run, since modifications in logo designs or visual aspects do not affect the protection offered by a word mark. The protection also extends to deceptively similar names, including names that sound alike. However, a registration is limited to the class or classes and the goods or services you name in the application.
To qualify, the word must be distinctive. Words that merely describe your goods, are generic, or are common in the trade are likely to be refused under Section 9 of the Act. See registrable vs non-registrable trademarks and our word mark registration service.
What Is a Device Mark?
A device mark is a trademark that covers the visual image or logo of an organisation. In India, companies can file device marks under the Trade Marks Act, 1999, provided the legal prerequisites for filing the trademark are fulfilled.
A device mark helps companies to establish a unique visual identity and differentiate their product or service from other organisations. For instance, a company could file its unique logo, or a design in which the brand name is combined with a distinguishing graphic feature.
The scope of protection offered by the device mark is mainly limited to the registered visual feature and its distinctive features. If there is a significant change in the logo, the company needs to register the trademark again.
A logo that contains both words and a graphic is called a composite or label mark. Under Section 17 of the Act, a composite mark is protected as a whole, and the Registry may ask you to disclaim words that are not distinctive on their own. Also, a logo filed in black and white is generally treated as covering all colours, so most applicants file it that way unless colour is the point.
Learn more on our device mark registration page.
Difference Between Word Mark and Device Mark
Trademarks are a kind of intellectual property right under which firms can distinguish their products or services from those of their competitors. Trademark registration in India may be done in several forms, such as word mark and device mark. The essential difference lies in the kind of mark element and the protection offered by trademark registration.
| Aspect | Word Mark | Device Mark |
| What it protects | Name, word, letters, numbers | Logo, symbol, design, stylised lettering |
| Font or style change | No effect on protection | A major redesign needs a fresh application |
| Strength against name copying | Strong, including similar-sounding names | Weaker if the copier uses the same words with a different design |
| Strength against logo copying | Does not cover the logo | Strong |
| Search difficulty | Easier to search | Harder, as the Registry compares images |
| Filing needs | Name, class, goods or services | Logo image, description and class |
| Cost | ₹4,500 or ₹9,000 per class | ₹4,500 or ₹9,000 per class, separate application |
1. Meaning and Definition
- A word mark offers protection to the textual element of a brand, which could be a name, word, letter, number, or combination of letters. It usually provides protection to the registered words irrespective of the font, colour, or form in which they are presented, depending on the extent of the registration and trademark law.
- A device mark refers to the unique visual appearance of a brand, like a logo, symbol, design, stylised lettering, or a combination of words and graphics.
2. Scope of Protection
- Word Mark: The mark will enjoy protection as the word or name is registered, irrespective of how it is written. It will assist in ensuring that no other person uses an identical or confusingly similar name to sell goods or services.
- Device Mark: Protection of the device will be based on the registered visual presentation, including any distinctive aspects of the design. The scope of the protection will depend on the appearance and distinctiveness of the mark. Where only a logo is registered, a court may be slower to protect the bare words, so do not rely on a logo registration alone to protect your name.
3. Examples
- Registration of the “NIKE” word mark will protect the brand name irrespective of the font or logo design in which it is presented.
- Registration of the distinctive Nike swoosh as a device mark will protect the registered visual presentation. A logo containing both the brand name and the swoosh may be registered as a device mark.
4. Criteria of Registration
- Word Mark: The proposed term must meet all the legal requirements for trademark registration, such as distinctiveness and the absence of conflicts with other trademarks. Descriptive and generic terms can create problems.
- Device Mark: The proposed graphic must also meet all the requirements of registration. Distinctive graphics can be useful to promote the brand, but designing them does not make them registered trademarks.
5. Commercial Use and Versatility
- Word Mark: It is extremely helpful for companies that need to use the name of their brand across different forms of communication.
- Device Mark: It is suitable for organisations using a specific image or logo to promote their brands among consumers.
6. Cost and Separate Applications
- Word Mark: The firm can apply for the registration of its brand name as a word mark. The government fee for e-filing is ₹4,500 per class for an individual, startup or small enterprise and ₹9,000 per class for others. Professional fees are extra. See the government fees for trademark registration.
- Device Mark: The logo or composite design needs its own application. The registration of the word mark does not imply the registration of the logo, and vice versa. Separate applications can be made in each case and entail separate costs, charged per class. You also need a clear image of the logo, and a description if it is complex.
7. Which One Should the Company Opt For?
- Word Mark: This option is best for firms that want to trademark their brand name, particularly if it is used in different font styles, designs, etc.
- Device Mark: This works for companies that are interested in protecting their logo.
- Both Marks: If the budget permits, protecting both the brand name and the logo will be beneficial.
Which One Should You File First, Word Mark or Device Mark?
The decision on whether the company should file the word mark or the device mark is determined by the branding policies of the organisation, its budget, and the overall plans for trademark protection of the business. In cases where the focus is on protecting the brand name of the organisation, the word mark should be filed first.
- Focus on the Protection of the Brand Name: The word mark ensures legal protection of the textual identity of the business. Filing the word mark first will protect the brand name in case the company decides to make any changes to the logo.
- Long-term Protection of the Brand: Organisations normally change their logos as they develop. Filing the word mark will ensure that the trademark remains valid irrespective of changes in the appearance of the logo.
- Filing the Device Mark: In situations where the business depends on the logo to identify itself to customers, the business should file a device mark.
- Analyse the Needs of the Company Currently: New companies with a small budget should consider the word mark if the name is important to them. Companies where the logo is used as the identifier should register the device mark, or even both at once.
- Perform a Trademark Search: Prior to submitting either application, it is important to check the relevant records for any existing identical or similar trademarks. This way, one can detect possible problems. Use our trademark search before you file.
- Think of Making Separate Applications: A device mark and a word mark offer different protection options. Filing both of these applications separately will enhance the trademark protection strategy if they are commercially available.
If the most valuable thing for the brand is its name, start with the word mark. The device mark can then be used to protect the logo.
Quick Decision Guide
| Your Situation | File First | Why |
| Name is the brand, logo not yet final | Word mark | Protects the name now, and the logo can be filed once it is final |
| Limited budget, one application only | Word mark | Wider protection against copycat names |
| Logo is the main identifier, such as on labels or packaging | Device mark, or both | The logo carries the brand value |
| Name is descriptive or weak | Device mark | A distinctive logo may be easier to register, but expect a disclaimer on the words |
| Planning to sell abroad, franchise or raise funds | Both | Gives a complete asset for licensing and for Madrid Protocol filings |
| Competitors already use similar names | Word mark, urgently | Filing date matters in opposition and infringement disputes |
Other Points to Consider Before You File
- Classes: the fee is per class, so choose classes that match your goods and services. Over-broad class selection is a common cause of wasted fees.
- Priority: Indian law protects prior users, but your filing date is what helps you in opposition and infringement disputes. Do not delay once the name is final.
- ™ and ®: use ™ from the day you file. Use ® only after registration, since falsely using it is an offence under Section 107.
- Logo ownership: if a designer created your logo, get a written assignment of copyright so that you own it. A device mark filed for a logo you do not own invites disputes.
- Tamil and other languages: if your mark is in Tamil script, the application must give a translation and transliteration. A Tamil word mark and its English spelling are different marks, so consider both.
- Expansion abroad: an Indian application can serve as the base for an international filing under the Madrid Protocol, and a word mark is usually the best base.
Registration Process and Timeline
| Stage | What Happens |
| Trademark search | Check the Registry records for identical and similar word and logo marks |
| Filing Form TM-A | Online, with the mark, class, goods or services and fee. You receive an application number and can use ™. |
| Examination | The Registry issues an examination report, with or without objections |
| Reply to objection | The reply is due within one month of the report |
| Publication | The mark is published in the Trade Marks Journal |
| Opposition | Anyone can oppose within 4 months of publication |
| Registration | The certificate is issued if there is no opposition or you succeed |
| Renewal | Valid for 10 years, renewable for ₹9,000 per class when e-filed |
Trademark Registration in Chennai and Tamil Nadu
Trademark rules are national, but your filing office depends on your address. Applicants from Tamil Nadu file with the Trade Marks Registry, Chennai, located at Guindy, and the office also serves several other southern states and union territories. The application is filed online, so you do not need to visit the office. See our pages on trademark registration in Chennai and trademark registration in Tamil Nadu.
- Brand-first businesses: Chennai’s food, textile, jewellery and manufacturing brands usually build a name before they settle a logo, which makes the word mark the sensible first filing.
- Startups and MSMEs: recognised startups and MSMEs with a Udyam certificate pay the lower ₹4,500 per class fee. See Startup India registration and Udyam registration.
- Common objections: read our guide to common trademark objections in Chennai, or see our trademark objection reply in Chennai
- New businesses: check the company name first with our company name search, since MCA name approval does not give trademark rights. See also trademark registration for startups in Chennai.
Common Mistakes to Avoid
- Filing only the logo and assuming the name is protected.
- Filing a descriptive word as a word mark and facing a Section 9 refusal.
- Filing before searching for similar marks, which leads to objections and opposition.
- Registering the company name with the MCA and assuming it is a trademark.
- Choosing too many classes or the wrong classes.
- Using ® before the registration certificate is issued.
- Filing a logo that you have not owned through a copyright assignment.
- Missing the one-month deadline for the reply to an examination report.
Conclusion
The choice between the word mark and the device mark depends on the objectives the company seeks from its trademark. If protection of a specific visual representation is needed, a device mark should be used, while a word mark gives broader protection to the name. For most businesses, the name is the asset that matters most, so the word mark should be filed first, followed by the device mark once the logo is final. Where the logo is the primary identifier and is already established, filing the device mark first, or both together, is reasonable.
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Frequently Asked Questions
1. What is a wordmark?
Wordmarks refer to trademarks that offer protection for a brand’s name, word, letters, numbers, or any other combination of characters under trademark laws. They mainly give protection regardless of the font or style used in the brand’s wording. Business organisations often favour word marks as a means of protecting their brands.
2. What is a device mark?
The device mark refers to the protection of the visual representation of a brand. This can include logos, graphics, symbols, typographical expressions, and others. Protection is offered based on the design of the trademark and its distinctive features. Business organisations use device marks to protect their visual representations, which help in identifying their goods and services.
3. What is the main difference between word and device marks?
While the word mark gives protection to the written expression of a brand, a device mark offers protection to its visual expression. Word marks are flexible in terms of branding styles, while device marks protect visual representations such as unique logos.
4. Which type of trademark should be registered first?
The general rule is that companies should first apply for a word mark if their primary objective is to protect their brand name. But if their logo stands out as the distinctive brand element, they may prefer to apply for the device mark first. It depends on company priorities, existing trademark conflicts, and the budget for registration.
5. Is it possible for companies to register both word and device marks?
Yes. Companies can safeguard both their brand name and the look of the trademark by registering the word and device marks separately. This helps in better safeguarding the different parts of their brands. Companies need to do trademark searches before filing applications.
6. How much does it cost to file a word mark and a device mark?
The government e-filing fee is ₹4,500 per class for an individual, startup or small enterprise and ₹9,000 per class for others. Each of the two applications is charged separately, so filing both in one class costs double, apart from professional fees.
7. Does a word mark protect my logo?
No. A word mark protects the words only. The logo needs a separate device mark application, or a composite mark that includes both.
8. Does a device mark protect my brand name?
Not fully. It protects the registered design, and the words get protection only as part of that composite. A competitor using the same name in a different design may be harder to stop, so a word mark is safer for the name.
9. If I change my logo, do I need to register again?
If the change is significant, yes. A new logo needs a fresh device mark application, while your word mark continues to protect the name.
10. How long is a trademark valid?
A registered trademark is valid for 10 years and can be renewed for further periods of 10 years each.
11. Can I use ® after filing?
No. Use ™ after filing the application, and use ® only after registration.
12. Where is a trademark filed from Tamil Nadu?
Applications from Tamil Nadu are filed online and handled by the Trade Marks Registry, Chennai, located at Guindy.
Protect Your Trademark with Kanakkupillai
It is important to choose an appropriate trademark and have its registration done in time, so that your business is protected from any infringement of its brand name and intellectual property rights. Kanakkupillai, a Chennai-headquartered legal and compliance services company with 19+ years of experience and 1 lakh+ customers served, can help you with all kinds of trademark compliance services, such as trademark search, registration of word marks and device marks, dealing with objections, renewals, and other related services. By seeking professional help and getting full support, one can deal with the requirements of trademark compliance effectively.
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