Trademark Overview

Trademark is well understood as a visual representation in the form of a logo, word, phrase, design, etc on the product. The sign which is used by the company as a brand to the class of product or a particular product. Trademark distinct the mark of the company from the product of any other person or manufacturer. It is fruitful in order to make the association of product to the particular brand or the company.

The primary motive of the trademark is to provide the assurance to the purchaser or the consumer about the certain the level of the quality of the product. The owner of the trademark get the certain exclusive rights in order to protect the interest of the trademark owner. Trademark owner receives the rights just after the registration of the trademark and the degree of protection depend upon the facts. Owner receives the remedies in case of the violation of his rights.

What can be the mark?

  • The Trademark shall be a mark apart from other essential characteristics.
  • Mark to get registered under trademark can be the anything from the following
    • Brand
    • Lable
    • Device
    • Heading
    • Title
    • Signature
    • Word
    • Numeral
    • Shape of goods
    • Packaging
    • Combination of colors, etc.
  • Anything which is capable of graphic representation either in single, double or in three-dimensional space can be considered as a mark.
  • Emblem of the company is a mark even if the graphical representation of the particular style, font, combination, letter or different colors on a product can be classified as a mark.
  • The trademark shall be a mark which is able to be classified and fulfills all other conditions.
  • It is important that the mark shall be capable of graphical representation.
  • If the mark cannot be represented graphically than it cannot be to the subject of the trademark.
  • The mark must be capable of distinguishing the goods and services from one manufacturer to another.
  • The mark must have distinctive characteristics either
    • Phonetically
    • Structurally or
    • Visually in order to make the association of product bearing the mark the owner.
  • It promotes to avoid the confusion in the mind of the consumers of the product.

The object of trademark

  • The primary object of the trademark
  • It also analyzes the provision in order to protect
    • The trade
    • The statuary provision
    • Common law rights and their judicial interpretation
  • Also, it fulfills the interpretation obligation under the various international covenant.

It lights the provision related to the trade

  • It provides the freedom of trade and various rights to the trademark owner.
  • Trademark also provides the guarantee for the protection of the trade and legal remedies to the trademark owner.
  • It ensures protection and fulfills the constitutional rights.

International Obligations

  • Trademark protects the interest of domestic traders from harm caused by another manufacturer from outside the country.
  • It also stops any other person to use your mark and promote any kind of goods and services.

Rights of Trademark Owner

  • Trademark registration provides the various rights to the trademark owner such as
    • Right to receive the remedy
    • It provides both civil and criminal remedies
    • Right to use the mark
    • Right to claim damages as well as compensation
  • Trademark registration provides numerous benefits and name in the competitive market.

Infringement of Registered Trademark

  • Use of registered trademark by an authorized person who is not permitted to use the same for his product or services. Or when any other similar mark is likely to confuse the customers is cause the infringement of the registered trademark.
  • Infringement of registered trademark takes place when any third party uses the trademark.
  • When the name, logo, or sign create confusion in the mind of the customer then infringement of registered trademark takes place.