TRADEMARK

INTELLECTUAL PROPERTY RIGHTS | TRADEMARK   Trademark which is identified by symbols Tm or ® or mark is a distinctive sign or indicator used by and individual, business organization or other legal entity to identify the products or services to consumers. A trademark is a type of intellectual property and typically a name, word, phrase, logo, symbol, design, image or a combination of these elements. There are also non-conventional trademarks comprising marks which do not fall into these standard categories.    The owner of registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. The owner of the trademark may also file a suit. An unregistered mark will be protected only within the geographical area.   Trademark is a mark or sign by which a trader or manufacturer distinguishes his goods from other traders or manufacturers. The trader uses the mark to identify his goods so that the public may know the source of production of his goods. Its is in the interest of public as well as the trader or a manufacturer that the goods available in the market for the purpose of sale-purchase may be identified with respect to the manufacturer or trader so that the public could get the goods of quality which a particular manufacturer has assured to produce for the use of persons concerned. The traders and manufacturers adopt a particular trademark to sell their goods and the purchasers of those goods identify them as mark or trademark used thereon. This trademark is used by the traders and earns good will and reputation which is the goodwill and reputation of the user of that mark.   The people who want to earn money without making serious effort and putting hard labour sometimes attempt to adopt trademark of another and avail the benefit of reputation and goodwill of another person. The law of trademarks is based upon principal that the public should not be deceived by a person who sells or offers for sale of any goods bearing a trademark with which he has no connection.   The fundamental principal of trademark is that no man is entitled to represent his goods as being the goods of another man and no man is permitted to use any mark, sign or symbol, device or means, by making a direct false representation of himself to a purchaser who purchases from him. He thus enables such purchaser to tell a lie or make false representation to somebody else who is the ultimate customer.   The trademark is a kind of property and is entitled to protection under the law, irrespective of its value in money as long as it has some business or commercial value. Not only the interest of public but the interest of the owner is also a subject of concern of trademark legislation. Thus the trademark legislation extends protection to a trademark of a person who has earned reputation and goodwill in that trademark by hard and serious effort.

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