TRADEMARK AND TRADEMARK RULE
What is a Trademark or Service Mark?
A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that indentifies and distinguishes the source of the goods of one party from those of others.
A service mark is the same as trademark, except that it identifies and distinguishes the source of a service rather than goods. Throughout this booklet, the terms “trademark” and “mark” refer to both trademarks and service marks.
Definition and Features of Trademark:
Section 2(1)(b) of the Trademark Act, 1999, says that a trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colours or any combination of the above attributes.
(2) It must be of the nature of being represented graphically.
(3) It must serve the purpose of distinguishing products of a manufacturer from another.
(4) Shape, colour combination and packaging may be protected as trademarks.
(5) The usage or proposed usage should be in relation to any particular goods or services.
(6) It should be capable of projecting connection of a person or group of person with manufacture of the goods or provision of services.
(7) Protection may be granted to a trademark through continuous usage or by registration under the Trade Marks Act, 1999.
(8) Trademarks protected through usage are connected to the goodwill of the enterprise which is acquired through continuous usage. On the other hand, protection can be granted under the Act of 1999 for intended usage as well.
Trademark law is the set of laws and legal regulations that are set up to protect trademarks. Trademark is a legal protection given to any word, name, symbol, or design that is used in commerce to identify the product of one manufacturer from another.
A trademark or service mark is a word, name, symbol, or device used to indicate the source, quality and ownership of a product or service. A trademark is used in the marketing is recognizable sign, design or expression which identities products or service of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher or on the product itself. For the sake of corporate identity trademarks are also being.
Types of Trademark:
- Service Mark
- Collective Mark
- Certification Mark
- Trade Dress
- Product Mark
- Pattern Mark
- Shape Mark
What are Trademark rules?
Trademark rules established by federal and state governments dictate the proper usage of trademarks. A trademark refers to a word, phrase, or symbol used to identify the products and services of a certain manufacturer. Once a mark becomes registered or established through use, the trademark owner maintains certain rights over the mark’s use.
Some possible consequences for not following trademark rules include fines, lawsuits, and the loss of special protections that the federal government grants to trademark owners.
Why are Trademark Rules Important?
Once a trademark gets registered with the federal or state government or established through use, the trademark can last forever.
- To maintain trademark protections, you need to continue to use the mark in commerce.
- If you fail to renew your trademark, you will not lose the trademark, but you will lose registration rights. The main way you can lose your trademark rights is by not using the mark in commerce without expressing your intent to resume using the mark in the future, also called abandonment.
- Another way you can lose rights to your trademark is by licensing the trademark without any restriction.
- You also need to pay renewal fees for the trademark registration before the end of the 10th year after trademark registration.