A mark or a symbol that is put to use by a company for the purpose of their distinctive identification is termed as a trademark; it could be for the purpose of services or products that a firm is giving to the consumers. The main objective of a trademark is that it helps separate the identity of a single business from other businesses that the same stands for the intellectual property. In general, industrial property is where trademark applies.
Intellectual property or IP is in the terms of the law a legal power that is provided to certain kind information, ideas & extra intangibles. The person or company, which happens to be the possessor of such a legal power, is the owner of many other elite rights that come with such IP matter.
A trademark can consist of a mixture of image, symbol, phrase, name, design, word or logo. There also exist a wide-ranging variety of trademarks that happen to not be of traditional nature and cannot be categorized into a fixed club.
In other terms a trademark could be a reference in an informal manner when there is a need to differentiate some characteristics that happen to be popular. A few cases happen to be that of Elvis Presley’s unique ducktail haircut, Liberace’s flamboyant costumes & jewelry, Dolly Parton & Pamela Anderson’s breast size, Groucho Marx’s mustache and we cannot forget to mention Elton John’s oversized sunglasses.
As being an important function of the trademark is that it can make it easier to identify the exclusivity of a product or service. Another term that can define the function of a trademark is that of “badge of origin” or “indicates source”. Whenever there is the use of trademarks in such a way then it is termed as being a trademark use.
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Just getting the trademark is not giving complete information but the owner shall also that to tell that where and how that particular registration is going to be applied. There are a few instances wherein if incase the trademark is being applied in a field other than for what it was originally sort then legal action can be taken against it but it most cases it is not that the law puts a ban on the common man preventing him/her from trademark usage.
When a mark is applied in the area of providing service that mark is called a service mark. Service mark happens to be a widely applied term across the U.S. while a few other dedicated trademark forms are certification marks, collective trademarks and defensive trademarks. In other terms a trademark could be a reference in an informal manner when there is a need to differentiate some characteristics that happen to be popular.
Any image, symbol, phrase, name, design, word or logo can be a trademark but it has to be dissimilar to the existing trademarks that are already registered. The idea of a trademark can also include unconventional signs such as moving images, textures, smells, shapes, taste and sounds. But you will have to check if the same is allowed, as its usage shall be dependent on the laws that prevail over different jurisdictions. Mark in the form of shapes and sounds may be soon discontinued.
The symbol of “™” is only applied when the trademark has been claimed is marked only related. This mark happens not to be registered with the USPTO in a certain country or jurisdiction. In plain terms this is a clear indication of the registration of a trademark. It is not a compulsion that such a mark be used but one is completely disallowed from using ® symbol incase the trademark is unregistered.
A trademark is equal to being a property in the eyes of the law. One can use it as a propriety rights and at a similar time such a mark can be put to use in the market place thus suggesting that you have put to use your complete rights.
Once you are the owner of a registered trademark it means you have been granted elite rights. And then upon being recognized by one authority it paves the way to be enforced.