Trade mark

After the rapid development in international trade and commerce from the year 1945, there has been an enormous increase in the use of ‘marks’ at the global market. The change can be felt not only in supermarkets but all around in our day today life. Today, even if someone does not step out of his house he can definitely feel the change.  The ‘marks’ very conveniently enters our house through newspapers, magazines, radio, television or through any other social medium. This is mainly due to the importance it carries in our lives and over the market at large.

A ‘mark’ is extremely important for both the consumers and manufactures in a market. It serves several functions. Firstly, it is the mark which actually tells to the consumers about the origin of the product that is who is behind bringing the product in the market. Knowing and identifying the product through its mark help the consumers to choose one product over the other. The choice generally is associated with the expectation the consumer have from the goods and services which that particular mark bear. Secondly, it helps to have a clear idea about the authorities who are accountable for providing quality products and services. This is possible as most of the countries under their law provide for the process of registration of marks and every detail is recorded in it. Lastly and most importantly, it helps in distinguishing one institution from the other involved in the manufacturing of products and services.

‘Marks’ can be present in any form like letter, name, numbers, shape of goods, label, slogans, packaging, colour combination etc. Ongoing arguments even take place in providing protection to smell and colormark but due to some inherent difficulties only few countries have provided protection to the same. Not only goods even the services are also distinguished from one entity to that of other. Such marks are termed as ‘Service Marks’.

This marks are also known as ‘Trademarks’ if they are being able to be represented graphically, fulfils the purpose of determining the origin of the product and helps in distinguishing one product or service from the other. If any person registers his or her trademark then protection would be provided in case of infringement under the trademark law.  Even if the mark is not registered then a ‘passing off’ action can be sought by the trademark holder under common law.



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