A trademark is a type of intellectual property, and normally a name, phrase word, logo, symbol, design, image and a combination of these elements to identify that the services or products to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. The owner of a registered trademark may begin legal proceedings for trademark infringement to prevent unauthorized use of that trademark. The owner of a common law trademark may suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be practically expected to expand.
Fundamental Concepts for Trade Mark
Trademark plays an important role in identifying your product or services. What are the fundamental concepts behind trademark registration?
Firstly, the essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. The use of a trademark in this way is popularly known as trademark use. Certain exclusive rights join to a registered mark, which can be enforced by way of an action for trademark infringement, while unregistered trademark rights may be enforced pursuant to the common law tort of passing off. It should be noted that trademark rights usually arise out of the use or to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections. The International Classification of Goods and Services has been classified different goods and services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 services). The idea of this system is to specify and limit the extension of the intellectual property right by determining which goods or services are covered by the mark, and to unify classification systems around the world.How to register a trademark and following steps for registering a trademark:
- Describe your mark
- State when it was first used
- Describe the services or products on which the mark will be used, and Suggest the classification under which the mark should be registered