uses of trademarks_and_trade_names_becoming_impulsive

Every trader and business persons aspire to give a unique Trade Marks and a Trade Names for their products or services. Here we are going to discuss how that helps to enhance the business and its importance.

Use of Trade Marks and Trade Names becoming impulsiveUse of Trade Marks and Trade Names becoming impulsive

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Why trademark?

It is becoming increasingly common for a manufacturer or a trader to give a distinct name or get-up to his product so that the consumer relying on its quality, price or some such peculiar feature, identifies the standard products from other product, goods or services of the same description.

There is always an eagerness to give the goods or services a separate personality. A small business or corner shop in a colony or in a remote area tends to put a distinctive name to claim that the product has originated from him.

An organised business would naturally wish to set up its mark in the market.


Differences in the trademark Names and its usage:

No permission or sanction from any officer or authority is necessary to put up such a distinctive mark on the goods or services. Neither there is any restriction on giving a name to a business or shop.

A trademark protects the seller's exclusive rights to use the brand name or brand mark. Thus, as already pointed out, the two terms are synonymous, what marketers call brands, lawyers term them as trademarks.

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Differences in the trademark Names and its usage:

Whereas marketers consider that for creating, maintaining, or leveraging brand equity, lawyers use that term for obtaining and defending trademarks, i.e. by getting them registered and protecting them or similar versions against unauthorised use, or from dilution or disparagement.



Analysing the trademark:

An optional registration of such marks, known as trademarks, is possible in the Trademark register maintained by the authorities under the trademark law.

This option converts the trademarks into two types registered and unregistered trademarks, both will protect as per the law.

Thus, anyone may put up a distinctive mark of his own wish without overstepping others rights depending on the consideration.



Companies in the service sector also now watch closely if rivals are providing the same services with same or deceptively similar names.

Companies in the sector such as data management, logistics, transportation and other services were earlier not aggressive in comparison to the pharmaceutical and other sectors.

Now the scenario got changed and these companies have become conscious in protecting their brand equity and courts are considering trademark aspect of IP protection seriously.

Analysing the trademark:


Trademark or brand

In business and economic matters for the expression trademark, the term 'brands' is using by the people very often. However as and when legal issue discuss which relates to brands, even the marketing persons use the term trademark. The term brand names and trademarks are using interchangeably in this concept.



uses of trademarks_and_trade_names_becoming_impulsive

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