Trademark properties fall under the category of intellectual properties. The legal areas that deal with creative genres being used for commercial purposes fall under the category of Intellectual properties. These might include music, all sorts of performing arts, painting, etc that are used for business purposes.
The intellectual property law specifies that the owner’s producers of these creative activities have certain rights, which they can exercise. Apart from trademarks, other intellectual properties include patents, copyrights, etc. A trademark is that particular right of ownership over a particular name, symbol, design, or logo, and is denoted by the TM sign on top of it.
The commercial house or a company can exercise its right over a particular trademarked name, symbol, design or logo, on which it has a legal right. But it should also be mentioned at this point that a trademark not only marks the legal rights of a business house on something, but also helps in identifying a non-commercial establishments or different clubs.
Apart from marking out the individuality of any commercial house or a business product, a trademark also gives the exclusive right of that property to its owner, for its commercial use as well as protection against misuse. This trademark right is given to a particular asset for a considerable period of time, and this time period might vary from one to the other. However, this time period can be extended as much as possible, if the owner of the trademarked property is able to pay the increasing fees.
The unauthorized use of a trademarked property is termed as “trademark infringement”. The owner of the trademarked policy has the full right to ensure a third party is misusing legal proceedings if he finds out that his asset. The magistrate is the legal authority who looks after the legal disputes arising over trademark properties, and also implements the needed law.
In certain cases, it might occur that two or more parties claim the right of a particular trademark, and starts using it. This does not fall under trademark infringement because both the parties seem to use it with full knowledge of the other and also try to establish its ownership. In such a case, the “fair’ use of trademark is maintained, where the party originally, or the party which established its right on that particular trademark first, is given the registration.
But in certain other cases, a “collateral” use of a trademark is also possible, where the same name, design, etc can be used by two parties at the same time, but in different fields of marketing.
Trademark Properties
