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Trademarks Law Assignment Help

INTRODUCTION

What are Trademarks?

Trademark is a sign – a logo, a name, a word, a symbol or a combination thereof -- used within economic activities by a producer or vendor to identify a particular product or service. In other words, it is a 'distinctive sign' that enables offerings of goods or services to be--more or less consistently--differentiated, and consequently, enables consumers to distinguish between different goods and recognise their preference. These attributes make trademark an extremely powerful economic device. [1] The essential function or role of a Trademark is creating distinctiveness thereby enabling differentiation between brands. To sum up, it can be said that a trademark is a legally- protected word or symbol that is used to identify a business entity.

The primary reasons for the existence and protection of trademarks thus can be identified as: (1) To protect the public, by way of giving them confidence that, in purchasing a product bearing a particular trademark which it favorably knows, it will get the product which it asks for and wants to get.[2]

(2) To Protect the owner of a trademark who has spent energy, time, and money in presenting to the public the product in a particular form, thus his investment is accorded protection from its misappropriation by pirates and cheats who may try to reap benefit out of his hard work and investments.[3]

[1] Giovanni B. Ramello, What’s a sign? Trademark Law and Economic Theory, Department of Public Policy and Public Choice – POLIS, Working Paper No 73 (March 2006) p.2 (Ramello 2006)

[2] The role of Trademark as identified in the Senate committee recommendation on Lanham Act, S. Rep. No. 1333, 79th Cong., 2d Sess. (1946), reprinted in 1946 U.S.C.C.A.N. 1274

[3] Ibid.

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