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  • October 28, 2016
  • David Marks
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Trademarks Law Assignment Help


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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