Trademark represents a definite sign, expression or design which is usually implemented on the identification of products and services from a particular source or a corporation or form. The owner of the Trademark can be an individual personal or business organization or any entity that has a legal existence. The location of the trademark can be on the package, a voucher, a label, or on the product itself. To make prominent existence of corporate identity, the trademark can be displayed on the company buildings.
Brand and logo are generally referred to as Trademark, which hold value as the most beneficial asset of a business. It is considered as essential to obtain trademark registration for the trade name/business name under the trademark act.
Registered trademark symbol = ®
Unregistered trademark symbol = ™
It is said that a trademark possesses no limitation on its usage and existence but with the time the rights of using the trademark have lost because of misusing or lack of using.
Books on Trademark
Book 1 –
European Trademark Law By Tobias Cohen Jehoram, Constantinus Johan Jozef Clemens van Nispen, Tony Huydecoper, J. L. R. A Huydecoper (published by Kluwer Law International, 2010)
Book 2 –
Trademark Valuation By Gordon V. Smith (published by John Wiley & Sons, 1997)
How Trademark works?
One can own a trademark but also can license, for example,
- The Lego Group purchased a license from Lucasfilm in order to be allowed to launch Lego Star Wars. Bullyland held a license to produce Smurf figurines. TT Toys Toys is a manufacturer of licensed ride-on replica cars for children.
- Brand piracy is defined as the unauthorized usage of trademark, when one produce or trade counterfeit consumer goods, it considered as a punishable crime.
- For a good example, the popular trademark of Nike’s swoosh, if another company attempts to use the symbol that looked like the swoosh in order to trade their goods and to confuse the consumers, Nike can take actions on that company depending on the trademark rights.
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