Trademark Law Used By Individual Legal Or Business Organisation

A trademark law or mark refers to the distinctive sign or an indicator of a particular kind that is put to use by an individual, legal entity or business organisation for the identification of the source of its products as well as services to its various customers in a unique manner. This is also done to create the difference of recognition of the product related to one firm from that of another.

A trademark law is mostly a kind of intellectual property and includes a name, word, phrase, symbol, logo, image or a combination of all these various elements. One can also find a variety of non-conventional trademarks, which consists of marks that are not under these categories and are established in a standard way. The holders of registered trademark are capable of starting with legal proceedings if a trademark infringement takes place.

This helps them to avoid the unauthorized use of their trademark. Registration is not considered as the compulsory criteria. However the owner of a common trademark law is able to file suit whereas an unregistered mark gets protection only in the geographical area, where it is put to use or in those areas where it might expand. The use of trademark is also done in an informal way for giving the unique description of an individual that becomes its identification.

At the instance of using trademark for services instead of products then it is also named as service mark. The most important function of a trademark is the identification of the commercial source or origin of products or services and hence trademark are also termed as indicates source or serves as a badge of origin. When trademark law is used in this form it is called as trademark use. Though the words like brand as well as logo are often interchanged yet brands are more appropriate to be used for marketing and advertising purpose.

The trademarks, which are of special kind tends to possess collective trademarks, certification marks, as well as defensive trademarks. The trademark that is commonly used for the purpose of giving a description of a product or service it is called as a genericized trademark. The designing of the trademark law was done for the fulfillment of the public policy objective related to consumer protection as it leads to the prevention of public from being wrongly opt for a different origin or quality of a product or service. It also provides the incentive to the manufacturers to maintain proper quality for the sake of their business reputation. Trademark law