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BUSINESS - MARK

Trademark and law

 

Trademarks are protected by law. Trademarks can also be registered. . In that case, the business tells the government of its country that it wants to use a certain name, word, phrase, symbol, logo, design or picture as a trademark for the products it sells. If no other person or business is using the trademark to sell those products, then the government will list that trademark. Once it is listed, no one else can use that trademark for those products. This is called "registering" the trademark.


TM (the "trademark symbol", which is the letters "TM" in superscript.)




The legal requirements to register a trademark under the Act are:

  • The selected mark should be capable of being represented graphically (that is in the paper form).
  • It should be capable of distinguishing the goods or services of one undertaking from those of others.
  • It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

Selecting a good trademark


  • If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
  • Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.
  • Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
  •   It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

Using another person's trademark

If someone uses the trademark in a wrong way, the trademark owner can sue the other person. If a court decides that the other person was not allowed to use the trademark, they might have to pay damages to the trademark owner.
If another person wants to use a trademark that they do not own, they can ask the trademark owner for permission. The trademark owner can grant the other person a license. The other person usually must pay some money to the trademark owner for the license. This can be in the form of a percentage of the cost of the product that the other person sells called a royalty amount (some percentage).