Introduction to Trademark
Trademark is defined as 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 shape of goods, their packaging and combination of colors; graphically represented means represent a mark in a paper format. Also, it gives the exclusive right to the person who uses as his brand name. It will stop the third party’s illegal usage. Usually, the trademark indicates all the goods and services. The goods or services, anything it may be comes under any one class of trademark classes. We have 45 trademark classes in trademark registry. Class 1 to 34 mentions the goods you manufactured and provided and classes 35 to 45 mention the services you provided to the people. The mark registered under classes 1 to 35, is called as a product mark or a trademark. The mark registered under classes 35 to 45, is called as a service mark. For example, Honda is a well-known automobile industry and providing motorcycle goods in the market. It is registered under class 12. The class 12 mentions the vehicles and it may be locomotion of air, water or land sources. United Airlines is the best example of service marks. Service mark mentions a phrase or logo of service provider to the other businesses. Service marks also come under the intellectual property. Services like banking communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, conveying of news and advertisements, amusement, entertainment function and etc., comes under service marks.
Function of a Trademark
The main function of the trademark is giving view to the purchaser about the goods or services you provide. The function of a trademark is to give an indication to the possible purchaser as to the manufacturers or the quality of goods he provided to his eye of the trade origin from which the goods come, or the trade owners through which they pass their product on their way to the market. It tells the person who is about to buying or using that goods or services, is either what he has known before under the similar name as coming from a source of that product or already exiting one in the similar duplicate name. It only gives the purchaser a satisfactory assurance of the make and quality of the article he is buying, the particular quality being not discernible by the eye. It gives the customer faith on the mark. They assure that the mark providing goods or services are very genuine and best quality while compared to the previous one. The purchaser has the ability to compare the newer one and already existing one in the market. So, the trademark gives a clear identification of the product quality and uniqueness. It not only mentions the product owner of particular goods, it mentions the kind or quality of that particular goods. Thus a trader may indicate his best quality by one trademark, his second quality by another trademark and so on.
According to the modern business, the trademark performs three functions:1) performs as an identifier of that product and its origin 2) providing guarantee of its unchanged quality 3) advertising the product or services. It also represented a symbol of trust and goodwill of that particular product.
Function of a trademark in current scenario
- Acts as an identifier of the one seller goods or services from the other sellers in the market;
- Acts as an identifier of trade source, like signify that all goods are provided and controlled by a single anonymous source.
- Secures quality of that trade source among the people and aware people from similar duplicate products.
- Acts as a primary tool of advertisement and make it as the best-selling product in the market.
- Providing trust and goodwill of the products among the people’s mind.
- Providing unique identification among the rivals in the same filed of business.
Usually, trademarks providing a healthy completion among the product owners and best tool for maintaining the good quality of the products. It motivates the trade owners to provide the best products among the people. In modern business culture, trademarks are the essence of the healthy competition. It motivates a trade owner to provide good quality products. It will provide more choice to the public by day by day.
The US Supreme Court has faced number of cases related to the trademark that the customer has an inherent right to be protected from deception and confusion whether there is any financial injury or not. If consumers or dealers prefer to purchase a given product because of its good quality because of the particular owner or manufacturers or a group of manufacturers they have a right to do so and the right cannot be satisfied by the exact similar product by the equally good but a different trade origin. The public is entitled to get what it chooses, even though the choice may be disappointed by the caprice or fashion or perhaps of ignorance.
Goods may bear more than one trademark
In India, same kind of goods may bear on one or more trademarks. That is nothing wrong in Trademarks Law. But it has the proper connection among the proprietor or proprietors of the same goods. Where the goods are the product of a joint venture between two different companies under a collaboration agreement, it would appear to be proper and even necessary to use the trademarks of both the companies to indicate to the public the true state of affairs regarding the origin of goods. Such use of more than one trademark in relation to the same goods would not appear to militate against the definition, or true function, of trademark.
Trademark distinguishes from design
A trademark is an additional thing which added to your brand value and reputation. It is optional one. If protect your brand and providing security for goods produced in the market, will want to register trademark. It is not a necessary thing. It is optional one. It does not affect the physical nature of your goods. A design is a unique intellectual property, and provides you a better protection of your goods in the market while a trademark is not necessarily so. Usually, the same thing cannot be a trademark as well as a design. A design is nothing but something design which forms part of the goods themselves, and states that it does not include a trademark. The same thing cannot be considered as trademark as well as the design. As per the Designs Act, 2000, design not included the trademark, and secures the uniqueness of your manufactured goods. Function of a Trademark does not prevent the visible surface of the manufactured product as the design do. As the expert’s said trademark is a simple and cost effective way to protect your brand identity. From this, you can get a mutual growth in your filed of business. Now a day people are get more awareness about the trademark. Simple thing, which provides you a big value in your field, is better choice for every business man or an entrepreneur. Trademark registration is quite long process. But it depends on your brand name selection. If you choose a unique name which is not similar to existing one, both visually and phonetically, you will take a short time period to register. if you take slightly similar of existing one, It will take some time to register. Why because, already existing proprietor may give an opposition and you have to face the hearing in front of the Registrar. If you choose any general name which is generally prohibited by the Trademark Registry, you will face the objection from the Registrar of trademark. Then you will show all the necessary supportive things, like affidavit, evidence of your usage. However, Trademark registration is full and full depends on your brand name selection. For more details about Trademark registration in Cochin, kindly go through our site and feel free to give a missed call. We assist you in a right way. Thanks for reading!!!