Trademark
A trademark (also written trademark or trade-mark) is a
type of intellectual property consisting of a
recognizable sign, design or expression which identifies
products or services of a particular source from those of
others although trademarks used to identify services are
usually called service mark. The trademark owner can
be an individual, business organization, or on the
product itself. For the sake of corporate identity,
trademarks are often displayed on company buildings. It
is legally recognized as a type of intellectual property.
The first legislative at concerning trademark was passed
in 1266 under the reign of Henry III, requiring all
bakers to use a distinctive mark for the bread they
sold .The first modern trademark laws emerged in the
late 19th century. In France the first comprehensive
trademark system in the world was passed into 1857.
The Trade Marks Act 1938 of the United Kingdom
changed the system, permitting registration based on
“intent-to-use”, creating an examination based, and
creating an application publication system. The 1938
Act which served as a model for similar legislation
elsewhere, contained other novel concepts such as
“associated trademarks”, a consent to use system, a
defensive mark system and non-claiming right system.
The symbols (the trademark symbol) and (the registered
trademark symbol) can be used to indicate trademarks,
the latter is only for use by the owner of a trademarks
that has been registered.
USAGE OF TRADEMARKS
A trademark identifies the brand owner of a particular
product or service. Trademarks can be used by others
under license to produce Smurf figurines, the Lego
Group purchased a license from Lucasfilm in order to
be allowed to launch Lego Star Wars, and TT Toys is a
manufacturer of licensed ride on replica cars for
children. The unauthorized usage of trademark
infringement. Most countries require formal registration
of a trademark as a precondition for pursuing this type
of action. The United States, Canada and other
countries also recognize common law trademark rights,
which means action can be taken to protect an
unregistered trademark if it is in use. Still, common law
trademark offer the holder, in general, less legal
protection than registered trademarks.
DESIGNATION
A trademark may be designated by the following
symbols;
(the “trademark symbol”, which is the letters “TM”
in superscript , for an unregistered trademark, a
mark used to promoted or brand goods )
(which is the letters “SM” in superscript , for an
unregistered service mark, a mark used to
promoted or brand services )
(the letter “Surrounded by a circle , for a registered
trademark)
FUNDAMENTAL CONCEPTS
The essential function of a trade is to exclusively
identify the commercial source or origin of products or
services, so a trademark, properly called, indicates
source or serves as a badge of origin. In other words,
trademark serves to identify a particular business as the
sources of goods or services .The use of a trademark
use of, or to maintain exclusive rights over, that sign in
relation to certain products or services, assuming there
are no other trademark objections.
Different goods and services have been classified by the
international Classification of Goods and Services into
45 Trademark Classes (1 to 34 cover goods, and 35 to
45 covers services). The idea behind 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 .
BIRSA AGRICULTURAL
UNIVERSITY
RANCHI AGRICULTURE COLLEGE
Course- Intellectual property rights
Credit hr – (1+0)
TOPIC- TRADEMARK
SUBMITTED TO- SUBMITTED
BY-
C.S.MAHTO
ANAMIKA KUMARI
ROLL NO -39
BATCH -O -39
BATCH -2017-18
