Facts about Trademark

Mybiz 18-02-2021 04:30:12

A Trademark is a word, symbol, phrase or design that identifies and distinguishes the source of the goods of one party from those of others. A Trademark is any name, symbol, figure, letter, word or mark which is used by a manufacturer or merchant.

I explain trademark with an example:-Coca-Cola has its own trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. These all things shows Coca-Cola is different from other Cola brands and defines the Coca-Cola is an individual product.

The Trademark can be an individual, business organization or any legal entity. A trademark can be located on a package, a label, a voucher, or on the product. For the identity of company, trademarks are displayed on company buildings.

Designation

·         TM :-It is for an unregistered trademark, a mark used to promote or brand goods.

·         SM :- It is for an unregistered service mark, a mark used to promote or brand services.

·         R :- The letter R surrounded by a circle, it is for a registered trademark.

Terminology

Terms such as mark, brand and logo are sometimes uses interchangeably with trademark. Trademarks also includes any device, brand, label, name, signature, word, letter, numerical, shape of goods, packaging, color or combination of colors, smell, sound, movement or any combination which is capable of distinguishing goods and services of one business from those of others.

Fundamental Concepts

Trademark serve to identify a particular entity as the source of goods or services. Trademarks are used not only by businesses but also by noncommercial organizations and religions to protect their identity and goodwill associated with their name.

Different goods and services have been classified by the International classification of goods and services into 45 Trademark classes. 1 to 34 cover goods and 35 to 45 cover services.

Registration

Some law considers a trademark to be form of property. Proprietary rights about a trademark can be established through actual use of that trademark in the market place or through registration of the mark with the trademarks registry office of a particular jurisdiction.

First the trademark applies with the trademark office to register the trademark. After the apply of trademark we can use the logo of our trademark with the sign of TM. During 4 months period third party who may be affected by the registration of the trademark can step forward to file an opposition proceeding to stop the registration of the mark. If third party during four months that no opposes the registration of the mark is ultimately decided in the applicant’s favour and mark will be registered successfully. 

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