Trademark is becoming a major tool for branding and more important is becoming the methods how to protect it. The entire effort to develop a trademark is to help consumers distinguish products and services from competitors i.e. are distinctive signs or indicators that are used by business organizations or other legal entity or individuals to identify the products or services to consumers. In every case the must be unique and does not match quite significantly with other from competitors.
The major role of trademark is to help users distinguish products or services from those of other entities. are protected vehemently by the government for the reason that there can be chaos if these are not protected; however, trademark laws may vary from country to country; thus, there is no unanimity in trademark laws, yet there is an effort from international bodies wherein the treaties help countries obey trademark laws and protect the rights of trademark holders.
The owner of trademark has all rights to prevent unauthorized use or can sue for infringement if there is deceptively similar trademark. However, one essential fact about is that in order to get protection from laws, it must be registered. A registered trademark receives protection from registration body which denies any use of the same to any third party. It is quite important for a company to get the trademark registered as soon as possible to avoid any future legal dispute that may arise with respect to infringement.
Certain issues are considered when a trademark is given to any company or an individual e.g. the similarity of the trademarks, the similarity of the products or services, the owner?s trademark well known or not, etc. amongst others. Then there is a law with respect to trademark, particularly in Common Law countries wherein trademarks are protected from any third party abuse when the trademark is unregistered but has some good will and reputation among buyers or a large section of consumers.
However, it is quite crucial for any company or an individual to get the trademark registered for if it is registered, it is quite easier for the owner to protect it and demonstrate that he has every right on a particular trademark. Any infringing body is then penalized and debarred from using it any further. It does not need to prove much that the has been abused or misused; it is enough to prove that that the trademark was used maliciously.
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