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All About Trademark Law

By Adli Law Subscribe to RSS | March 28th 2012 | Views:
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Trademark law consists of the logos, names, unique themes or pictures used by any individual or company which are considered as the vital part of the intellectual property. However, trademarks can be registered like patent but it also has feature which makes it unique as it doesn’t require any registration like copyright. It means if you want to protect it under the trademark law you can protect it by applying for the protection otherwise it will be protected once you started using it.

Protections:

Usually, the trademarks are the distinctive and unique logos, name, pictures, and slogans that would be protected under the trademark law from the infringement. However, the only requirement is that the logo or nay time must be new and unique to avail the benefits of trademark law.

* Words – If you created a new word or phrase, you can protect it under the trademark law. Usually, most of the companies use this to ensure that they have unique and protectable names.

* Logos and Symbols - In this section the symbols and logos come under the trademark such as coco-cola and Reebok and other companies have their unique and easily identifiable logos. The logos can be protected under the trademark law.

* Suggestive terms – Sometimes companies associates itself with the particular quality by integrating some suggestive words with their companies’ name for example if any company attach “using that product you will be happy”. These kinds of the suggestive terms can also be trademarked under the trademark laws.

* Arbitrary terms - In some cases few companies choose the unique name that doesn’t reflects their business activities such as GoDaddy.com has its name which doesn’t match with its operations of domain hosting and others. These all terms can be registered under the trademark laws.

Infringements:

Infringements refer to the unauthorized use of the trademarks in order to get unfair advantages in market place. There are multiple types of infringement cases prevail in current market wherein any person improperly use the trademarks.

Selling goods and services: The biggest infringement of trademarks is associated with selling the goods and services other than the owner of the trademark items. For example Apple is a renowned company so it has exclusive rights to sell Apple iPad in market with its peculiar logo while no other can sell the iPad name computer in market with Apple logo. It is called the infringement and person doing this will be subjected to punitive actions.

Similar goods and services: The trademark law prevails in market to eliminate the confusion in market regarding the usage of similar kind of names and logos that confuse the customers. It tends that no other company or individual can use the similar kind of logos and names of any already existing trademarks to make customers confuse and gain unfair benefits in market by unfairly competing in the market.

Different goods and services- Usually, two different companies dealing in different businesses can have similar kind of names because that will not make customers confuse and it couldn’t come under the infringement case.

Adli Law - About Author:
Adlilaw represents clients of business laws, copyright law, patent attorney and business litigation matters throughout world. trademark law, copyright lawyer, Copyright attorney, business litigation lawyers and many more.

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