The United States trademark laws enacted under the Lanham Act protect the commerce and identity of the products. The aim behind creating a trademark is to avoid chaos in differentiating the products. The federal court covers both registered as well unregistered trademarks security to some extent. However, a trademark registered in U.S. Patent and Trademark office gets a preferable shield of protection.
Congress established the Federal Trade administration in 1870, known as Trademark Act, 1870.
United States Trademark laws, divided as common Law and Federal Law and distinguished through symbols used on products, clarify if the trademark is registered or unregistered.
A registered trademark includes shape, sound, or scent, which makes the product unique and independent. for example, Coca-Cola bottle.
In the ordinary course of trade and commerce, a manufacturer may use any logo or symbol as a trademark on his/her products without registering it.
Publication of trademark in an official trademark Gazette is necessary once the application is allowed by USPTO.
Essential Characteristics of Trademarks and Related Property
As the name suggests, intellectual property is born from a person’s creativity; therefore, laws protect it from being misused. WIPO-World, Property Rights Organization, provides all legal rights, recognition, and benefits to the owners of the intellectual property, encouraging their innovation through public assessment and respect. Further, these rights also helped traders and artisans work throughout the world, increasing the nation’s social and economic spread and growth.
Trademarks and other related property are intangible properties that can only be felt and not seen. for example, work, marks, design, etc.
The intellectual property owner has an exclusive right to use, prohibit, sell or market his/her work, copy as per his/her will.
Trademarks and other intellectual properties are part of specific laws that have legal statutes that govern all intellectual properties.
Various international conventions on intellectual property rights are held from time to time, like Bern, Paris, TRIPs that assure manufacturers and innovators of foreign lands to protect their creations in national laws inter-country.
A license is required to use a person’s intellectual property; moreover, they are subject to public policy only when they are affiliated.
Types of Trademarks
Trademarks are the real identity of the products used in commodity markets. A good trademark has a significant impact on a customer’s mind, ultimately creating brand loyalty for a product. There are many advantages that a proprietor gets if his/her trademark is registered and effectively used. Trademarks, patents, industrial designs, and other related intellectual property rights are prone to exhaustion, which means once sold, the owner’s control losses his control over the property.
Wordmarks, figurative marks, 3D marks, sound marks are other trademarks used in the market.
Trademarks can be registered or unregistered, but registered trademarks enjoy privileged protection.
Trademarks can be suggestive, descriptive, or arbitrarily used by different industries and manufacturers to distinguish their products.
Suggestive trademarks are usually strong trademarks that stimulate the imagination and embark on the product’s unique features.
Descriptive trademarks are unqualified for trademarking as it first describes the product, which eventually relates to the competitor’s products.
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