Trademark
Intellectual Property basically refers to creations of mind. It can be inventions, artistic and literary work, names, symbols, logo, designs as well as images used commercially. Common types of intellectual property include trademarks, copyrights, patents, industrial design rights and geographic indications.
A trademark is a distinctive sign/mark or indicator which is used to identify a particular product or service so that it can easily be distinguished from other products or services by any individual. Thus, one can say that trademark helps in identifying as well as distinguishing products and services from those of competitors. A trademark can be a logo, phrase, image, design, symbol, word, combination of letters or numbers, a particular color combination or even simply a number. Subject to certain conditions, a trademark may also be symbolized by the name of the person, living or dead. The primary purpose of trademark is to prevent consumers from being confused regarding the origin and source of product or service. It helps consumers answer the questions like “Who is the provider of the service or product?” and “Who makes the product?” When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States. The three basic characteristics that a trademark must possess are distinctiveness, tangible representation and actual use.
In common-law nations such as the United States, trademark rights are acquired by actual use rather than by registration. Moreover, registration with the U.S. Patent and Trademark Office confers many legal benefits, including access to federal courts and the right to triple damages against infringers in some cases. Although trademarks are registered for the duration of 10-year, a trademark is considered forfeited if it is no longer used, even if its registration is still valid. Thus, the use of trademark plays vital role. No matter in whichever part of world one is carrying business it is always advisable to register the trademark.
Legal proceedings may be commenced by the owner of registered trademark if there is infringement of trademark so that unauthorized use of trademark can be prevented. The owner of the trademark can also file a suit even if the trademark is not registered, but an unregistered mark may only be protected within the geographical area within which the particular trademark is used or in geographical areas into which it is expected to expand.
The most important step towards trademark registration is to search whether any other business has applied to register or been registered under similar trademark. If some business has applied for or registered a particular trademark, in this case it cannot be used by anyone. Thus, trademarks are registered so that individual or company registering it is legally entitled to use it. Always try to choose a trademark which is easy to spell, speak and remember. The best are the ones which are invented words. It is always advisable to consult a trademark lawyer who can advise on each at every aspect of trademark.
Thus, registration of trademark plays a very important role and there are various benefits of registering trademark.
A trademark is a distinctive sign/mark or indicator which is used to identify a particular product or service so that it can easily be distinguished from other products or services by any individual. Thus, one can say that trademark helps in identifying as well as distinguishing products and services from those of competitors. A trademark can be a logo, phrase, image, design, symbol, word, combination of letters or numbers, a particular color combination or even simply a number. Subject to certain conditions, a trademark may also be symbolized by the name of the person, living or dead. The primary purpose of trademark is to prevent consumers from being confused regarding the origin and source of product or service. It helps consumers answer the questions like “Who is the provider of the service or product?” and “Who makes the product?” When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States. The three basic characteristics that a trademark must possess are distinctiveness, tangible representation and actual use.
In common-law nations such as the United States, trademark rights are acquired by actual use rather than by registration. Moreover, registration with the U.S. Patent and Trademark Office confers many legal benefits, including access to federal courts and the right to triple damages against infringers in some cases. Although trademarks are registered for the duration of 10-year, a trademark is considered forfeited if it is no longer used, even if its registration is still valid. Thus, the use of trademark plays vital role. No matter in whichever part of world one is carrying business it is always advisable to register the trademark.
Legal proceedings may be commenced by the owner of registered trademark if there is infringement of trademark so that unauthorized use of trademark can be prevented. The owner of the trademark can also file a suit even if the trademark is not registered, but an unregistered mark may only be protected within the geographical area within which the particular trademark is used or in geographical areas into which it is expected to expand.
The most important step towards trademark registration is to search whether any other business has applied to register or been registered under similar trademark. If some business has applied for or registered a particular trademark, in this case it cannot be used by anyone. Thus, trademarks are registered so that individual or company registering it is legally entitled to use it. Always try to choose a trademark which is easy to spell, speak and remember. The best are the ones which are invented words. It is always advisable to consult a trademark lawyer who can advise on each at every aspect of trademark.
Thus, registration of trademark plays a very important role and there are various benefits of registering trademark.
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