Trademark : An Imprint To The Project
INTRODUCTION:
The most crucial aspect of modern business is intellectual property. A valuable asset of a business is its intellectual property, which consists of its trademarks, designs, geographical indications, copyright, patents, industrial designs, and integrated circuits.
When we think about a product or service, a mental image—which could include a combination of images, colours and shapes, or any iconic jingles that give the product its identity—emerges in our minds. Therefore, a trademark basically gives any product an identity so that it can be recognised in the more cutthroat commercial world of today. It also secures a unique location where no one else may cut, duplicate, or paste it.
WHAT IS A TRADEMARK?
It is a mark that effectively aids in the separation and identification of a product by setting it apart from similar products in the marketplace.
In times of market competition, it aids in the product’s identification. In accordance with Section 2(zb) of the Trademark Act of 1999, a “trademark” is defined as a mark that may be graphically represented and that can differentiate the goods or services of one person from those of others. This definition can include the shape of the goods, their packaging, and a colour scheme.
The fundamental purpose of a trademark is to distinguish it from other brands in the same industry of goods and services; therefore, a mark that is distinctive is the finest trademark. Because every product must have a trademark to distinguish it from competing products in the marketplace, trademarks are intellectual property that have become remarkably important in modern business. Owners and manufacturers nowadays are highly aware of the significance of trademarks and the rights that result from their registration.
PRIMARY FUNCTIONS OF TRADEMARK
In this contemporary and competitive environment, a trademark primarily performs the purpose of identifying and setting one good or service apart from others in its class. The following are the additional varied functions:
1. Determining the source of origin
Giving the buyer information about the product’s origin or source is one of the key roles that trademarks play. It assures the consumer or end-user of the origin of the trade-marked goods or services. According to the Trademark Act of 1999, a trademark must be unique in order to serve as an indication of origin.
2. Quality control
Since a trademark is the sole thing used to identify a product or service, it closely resembles the quality of the product since customers only choose products that have their preferred trademark. The buyer assumes that the quality will be good if the trademark is appealing and appropriate.
3. Advertisement’s origin
Since the trademark aids in separating and recognising the product in the business world from other products of the same class, it also advertises the goods and services because it resembles the goods or services. Customers select products or use services in accordance with trademarks that resembles the product or service.
4. Making of an image
Trademarks assist buyers make informed decisions by establishing the image of a product or service. The first thing a client considers when making a purchase or using a service is the brand name of that particular good or service.
REGISTERATION OF TRADEMARK
According to section 18 of the Trademark Act of 1999, any person claiming ownership of a trademark that he has used or intends to use may submit a written application for registration in the manner specified. The application must include the mark’s name, the goods and services it covers, the class into which those goods and services fall, the applicant’s address, and the amount of time the mark has been in use.
A VIOLATION OF A TRADEMARK
A person’s rights are violated or broken when there is an infringement. A patent, trademark, or copyright owner’s exclusive rights are interfered with when they are violated, according to Black’s Law Dictionary. A registered trademark is violated by a person if they use it as their trade name, part of their trade name, or the name of their business concern when they are selling the goods and services for which the trademark is registered, according to the Trademark Act. In other terms, trademark infringement refers to the use of a trademark by someone who is not the registered owner of the brand.
CONCLUSION
We may quickly comprehend the following through this article: Trademarks safeguard free competition by safeguarding the reputation of the entity that owns the mark. A trader uses a trademark as a valuable marketing tool in conjunction with their product. It is a shield provided to the owner of the specific registered trademark to safeguard their rights in this contemporary and cutthroat economic environment. Last but not least, a trademark serves as a tool that allows the owner to employ the legal recourse provided to him to combat trademark infringement. As a result, when registering a trademark, its purposes must be given the highest consideration.
By Kripali Agarwal
BBA.LLB, 1st Year
Banasthali Vidyapith