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Definition of Trademark
Definition of Trademark
Definition of Trademark :
The modern definition of trademark is that “it is
a word, name, symbol, or device or a
combination thereof, used by a person
[including a business entity], or which a person
has a bonafide intention to use, to identify and
distinguish his or her goods from those
manufactured by others and to indicate the
source of those goods.”
PURPOSE AND FUNCTION OF TRADEMARK
PURPOSE : The main purpose of trademark is to show the
difference about the quality of goods and service .
Trademarks perform two critical functions in the
marketplace:
1. They provide assurance that goods are of a certain quality
and consistency.
2. They assist consumers in making decisions about the
purchase of goods.
REGISTRATION :
A registration will issue about twelve weeks after publication in the official
gazette
If no notice of opposition is filed to the application
For an ITU [Intent-to-Use] application registration will occur after
publication in the official Gazette.
The PTO will issue a certificate of registration for the mark
The term of the registration is presently ten years from the date the
mark is registered [for registration issued before November 16, 1989,
the term is twenty years] “TM” for Trademark & SM for service mark.
COPYRIGHTS
“The legal protection given to published works forbidding anyone but
the author from publishing or selling them. An author can transfer the
copyright to another person or corporation, such as a publishing
company.”