1. Trademarks
Concept of family of marks

2. What is a trademark?
• Simply put, it's a brand name. More formally, it's "a word, phrase, symbol or
design, or a combination of words, phrases, symbols or designs, that identifies and
distinguishes the source of the goods of one party from those of others." A service
mark identifies a service rather than a product.

3. What can be trademarked?
• Trademark registration can be granted on distinctive names, logos and
slogans. Marks may be inherently distinctive because they are original
and unique, or may become a strong mark over time or as a result of a
marketing campaign.

4. Kinds of Trademarks
• Suggestive or evocative marks - made-up words that suggest or evoke qualities of
the product or service (Slim-Fast, Expedia)
• Coined or fanciful marks - arbitrary made-up words (Exxon, Kleenex, Viagra)
• Arbitrary marks - words that are surprising or unexpected in the context of their
use (Sprite soft drink, Amazon online bookstore)
• Unique logos or symbols - distinctive typography or artwork (McDonald's golden
arches, the Playboy bunny, IBM's logo)

5. Concept of Family of Marks
• The trademark series or family of marks comprises a string of marks with an
intention of having a particular distinctive ingredient function as a point of
identification for the pertinent public. In this manner, certain mark elements can be
afforded higher level of protection by registering them all within one application
and using several marks containing a common element, thus acquiring exclusive
right over them, and distinctiveness through prior use.

6. Example of family of marks
• ‘McDonald’s has established a series of ‘Mc’ word marks. Examples of the
McDonald’s family of trademarks include ‘McDONALD’S,’ McDONALD’S
HAMBURGERS,’ ‘EGG McMUFFIN,’ ‘McCHICKEN,’ ‘McDONUTS,’ ‘BIG
MAC,’ ‘McPIZZA,’ ‘McCAFE,’ ‘CHICKEN McNUGGETS,’ ‘McDOUBLE’
‘CHICKEN McBITES’ and many others’ .

7. Every trademark in the series must fall within the category or description of the
same goods or services;
• This is a fundamental requirement of a trademark series application. It is likely
that two sets of goods may be of the same depiction, even if such fall in different
classes, but in this case also, all the marks shall not be granted registration as a
series in one application.
• It is to be noted that, this is not a settled position of law, and one may be required
to register separately for multiple products and services.

8. THANK YOU!!