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Trademark is symbolized as the â, ¢ and Â®, is a sign which is mainly used for signifying some sort of services and goods and is specifically used by an individual or by business organizations for identifying the source or their services and products among customers and making their products or services distinctive from the other entities. Trademark signifies to the word, name, phrase, image, logo, symbol, design or amalgamation of any or all of these. The trademark grants authority to the owner who can commence legal proceedings in case of violation of trademark. However, registration in trademark is not compulsory.
Informally, term 'trademark' is used to distinguish those attributes which assists in identifying any individual. Moreover, when trade mark is used particularly for services then it is called as service mark or when it is used for describing services or products then it is called as generalized trademark. Trademark may include several non-conventional signs such as smells, shapes, sounds, taste, moving images, color and even texture. Besides, it is decided by the jurisdiction that to which extent these trademarks can be recognized.
Advantages of Trademarks
The trademark grants the owner with 'exclusionary rights' which declares that the owner has the authority to use the registered trademark and can signify it by the symbols- â„¢ and Â® in relation to goods and services for which the trademark holder has registered the trademark. At the time of any violation, the trademark holder can file case in the court. Trademark helps in advertising the services and products in public.
International Trademark Laws
Due to the growing globalization of trading actions, it becomes essential to integrate the trademark policy and law. Following are the trade laws:-
- Agreement on Trade-Related Aspects of Intellectual Property Rights :
Managed by the World Trade Organization (WTO), the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) is the international agreement. TRIPS mainly provides strong security for intellectual property rights
- The Madrid system for the international registration of marks :
The Madrid system is considered as the important international system for allowing the trademark registration for more than one jurisdiction. One can achieve trademark registrations in jurisdiction of member nations by facilitating the security of the international registration attained through the World Intellectual Property Organization.
- Trademark Law Treaty :
Trademark law treaty aims to achieve uniformity in some administrative trademark procedures. This treaty was signed on 28 October 1994 by thirty five countries. The treaty will come into action after the date on which it was confirmed by five countries.
The Communal Trademark System :
This is the super national trademark system which is popular in European Union.
Trademark Laws in India
Trademark is symbolized as the â„¢ and Â®, is a sign which is mainly used for signifying some sort of services and goods and is specifically used by an individual or by business organizations for identifying the source or their services and products among customers and making their products or services distinctive from the other entities. Trademark signifies to the word, name, phrase, image, logo, symbol, design or amalgamation of any or all of these. Trademark helps in advertising the services and products in public. Furthermore, it should not match the existing mark.
If a person wants a trademark registration then that person just needs an application to be filed in the Trademark office. In India, the expiry period of trademark is 10 years. After 10 years, one should get it renewed by paying renewal fee. If someone is found at fault of using someone else’s exclusionary rights of trademark then that person will be entitled to the fine of Rs. 50,000 to 2, 00,000 or can be imprisoned for a minimum 6 months.