Trademarks Article Category

 

Trademarks Articles

Expert Author:
Every one of us is familiar with trademarks, even if that is not the name by which we know them. As often as not these days, when someone refers to a trademark the words they use are along the lines of ‘branding’ and ‘logo’. The trademark is the recognizable impression, or symbol, of a private enterprise (whether a company or an individual) which identifies them for whom they are, and allows their products to be easily recognizable. But what is a trademark... really?
Expert Author:
A trademark is a way of making a product or business immediately recognizable for the consumers who may wish to find and use it. The idea of a trademark has become such common currency that the term is now no longer used simply to refer to matters of legally protected intellectual property, but is used also in another sense, when referring to a typical characteristic of a certain person or organization.
Expert Author:
It is not any trade mark which is registrable in India. To be registrable the mark should be distinctive and should not be similar to any other trade mark registered for the same or similar goods or used by a competitor whether registered or not. In the case of a similar mark used by a competitor but not registered difficulties for registration will arise only if the owner of the mark chooses to oppose the registration.
Expert Author:
Famous trademarks are awarded significant protection under the Canadian Trademarks Act. The trademarks act protects the owners of trademarks from others who would use a confusingly similar trademark. Section 6 of the act defines what constitutes confusion.
Expert Author:
The short answer to this question is that a trademark can become a brand. Even if you're business is local, a brand name is important not only from a marketing but also a customer perception basis.
Expert Author:
Different companies, products and services have different trademarks but they are all aimed at creating a distinct symbol that will identify that particular product or company. The use of trademarks has legal implications and it is protected by the common law as well as Federal laws.
Expert Author:
Your trademark is the most important asset your business will ever own. A good trademark will distinguish you from the competition and help you stand out in a crowd. A poor trademark will entangle you in legal disputes and blunt your marketing efforts. Selecting a good trademark is as simple as following the following guidelines.
Expert Author:
The problem with trade and service marks on the Internet is that trademarks are territorial (i.e. they are registered for specific areas/countries) whereas the internet, by definition, is global and almost "anti-territorial". This leads to major complications again beyond the scope of this handout. Just be aware of the following...
Expert Author:
As your Internet business grows, the value of your domain name increases. The issue of a domain name trademark should move to the top of your list. You need to guard against unscrupulous competitors that may try to incorporate your domain name in their meta tags to obtain search engine rankings under your name. If you have a domain name trademark, you can go after these individuals and compel the search engines to remove their listings.
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