CONCEPT OF TRADEMARK
According to World Intellectual Property Organisation, “A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights”.A trademark is a distinct sign or word(s) used to identify a companyZ or its products. Once registered, that identical sign or string of words cannot be used by any other organisation indefinitely, as long as it is in use and the necessary papers and costs are completed.
Unlike patents, which are valid for 20 years, trademarks are perpetual. In order to claim protection from copycats, businesses must apply for them and acquire ownership confirmation from the States Patent and Trademark Office. A trade mark protects the owner of the mark by granting the exclusive right to use it or to permit someone to use it in exchange for payment. Trademark protection is enforced by the courts, which have the ability to stop trademark infringement in most systems. Trade marks encourage initiative and entrepreneurship across the world by rewarding trade mark owners with recognition and financial benefit.
A trademark is a type of intellectual property that consists of a familiar symbol, design, or expression that identifies, classifies, detects, and categorises items or services from a certain source from those of others, but service marks are frequently used to recognise services. A trademark is a mark that can be a symbol, logo, sign, word, graphic, design, or a combination of these to distinguish one producer’s goods and services from those of another manufacturer.
A Trademark assures the client or consumer of the legitimacy, validity, and character of the products and enterprises, i.e. goods and services of a certain creator with a specific Trademark. It shields and protects the manufacturer against unlawful and unauthorised use of its trade mark by others. While brand names and trademarks can be recovered after expiration for a lifetime, copyrights, licences, and patents cannot.
CONCEPT OF TRADEMARK IN INDIA
Trademark is defined in the Trademark Act, 1999 as Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours.
The Supreme Court upheld the idea of non-physical trademark usage in the case of Hardie Trading Ltd. v. Addison Paint and Chemicals Ltd. The Supreme Court provided a broader meaning of trademark usage, ruling that it might be non-physical and that there were no grounds to limit the user’s use on commodities or the sale of goods carrying the brand.
EFFECT OF REGISTRATION OF TRADEMARK
The registration of a trademark, if legal, grants the registered proprietor the exclusive right to use trademarks in relation to the products and services for which the trademark is registered, as well as the right to seek redress for trademark infringement.
CONCLUSION
The term “intellectual property” refers to the fact that the subject body is a product of the mind or intellect. It may be exchanged, acquired, donated, and reserved since it is the result of a productive and creative intellect. All of this is possible, but there are concerns that must be addressed. Trademarks are highly significant components of Intellectual Property, therefore trademark protection has become vital in the modern day since every creator of a commodity or service will want his mark to be unique, eye-catching, and readily distinguished from others.
REFERENCES
- https://blog.ipleaders.in/trademark-law-in-india/
- https://www.wipo.int/trademarks/en/
- https://taxguru.in/corporate-law/trademark-meaning-examples-application-procedure-cancellation.html
- https://www.shopify.in/encyclopedia/trademark
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