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What is a trade mark ?

A Trade Mark is a visual symbol in the form of a word , a device ,or a label applied to
articles of commerce with a view to indicate to the purchasing public that is a good
manufactured or other wise dealt in by a particular person as distinguished from
similar goods dealt or manufacture by other persons.

Object of Trade Mark


IS to deal with the precise nature of the rights which a person can a cquire in respect
of a TM-The mode of acquisition of such rights -the method of transfer of those rights
to others-the precise nature of infringement of such rights-and the remedies
available in respect thereof.

Functions of a Trade Mark


1. It identifies the product of its origin 2. It guaranties its unchanged quality 3. It
advertises the products & 4. It creates an image for products.

What is a good Trade Mark


1. It should be easy to pronounce and remember if it is word mark 2. In case of a
device mark -should be capable of being described by a single word. 3. It was be
easy to spell correctly and write legibly 4. It should not be descriptive 5. It should be
short 6. It should appeal to the eye as well as the ear.7.It should not belong to the
class of marks prohibited for registration 8. It should satisfy the requirements of
registration.

Tips On Trademarks Management


A trademark is much like that of a human being because the life of a trademark may
be correlated to the life of a human being. Every human being is to be named
immediately after birth in this earth and on the same line every product is to be
identified with a trademark. Hence there is need to nurture trademarks like human
beings.

Trademark is a major asset of any company. Hence ' trademarks management ' in an
enterprise comprises two aspects:

1. Trademark Policy
2. Trademark Protection

Trademark policy is a marketing function. Normally the marketing personnel of an


organization will take care of this trademark policy letter known as ' Brand
Management '.

Trademark protection is a legal function .In small enterprises one of the tasks of
the legal department is to assure the protection of company's trademarks. In large
enterprises there is need to create a specific department known as ' Trademarks
department' which will look after the ' Trademarks Management '.

Since trademark protection is a legal function, the trade marks department best
assure its role when it is integrated in the legal function of an organization.

The principal duty of the Trademarks Department is to protect and administer the
trademark of the company i.e. by getting registration under the relevant laws of a
particular country, the country of registration, the list and classes of goods and the
services covered , renewals, action against the infringes and dishonest users and so
on.

The trademarks department has an additional task in advising the marketing


personnel in the choice of new trademarks, their protect ability and their availability,
and also in the legal aspects of trademark policy.

The Trademarks Department may also be entrusted with the task to managing the
licensing of trademarks, drafting license agreements and permitted user agreement
for use of trademarks and also to look after other areas of Intellectual Property such
as Patents, Designs, Copyrights and technical know how.

Functions of the trade marks department for proper trademarks department for
proper trademark management.

1) Advise the marketing department with regard to the choice of a new trademark.

2) Legal clearance of a new trade mark by conducting searches in the Trademarks


Registry and also in the market places with regard to the availability of identical or
similar marks in respect of similar goods and services.

3) Submit trademark applications and advise the company to go for registration in a


country where the goods are to be exported or sold.

4) Since there is globalization of industry and trade, it is better to seek International


protection of the trademarks and other Intellectual Property.

5) Advise the company for proper use of trademarks after obtaining registration in
order to avoid the attack on the registered trademarks on the ground of non-use by
business competitors.

6) Initiate legal action against the infringes by filing civil suits or criminal complaint
against the infringes and dishonest traders.

7) To conduct search and raid the premises when the infringed or spurious goods are
being manufactured or marketed with the help of local police personnel after lodging
criminal complaint.

8) To maintain individual files for each and every trademark of the company for easy
reference.

9) It is better to computerize the Trademarks Department by creating a software for


this kind of ' Trademarks Management '.

If the creation of trademark department is not economical one of trademark


department is not economical one for any type of organization, then it is better to
entrust this task to a Trademark Attorney who should be properly instructed to
maintain all particulars and papers with regard to trademarks either on retainer or
work-to-work basis