Why Trademarks are Significant in Business

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by: Mesriani
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Word Count: 560

In every business, it is vital that the product that you are trying to sell or promote to the consumers or possible consumers will be easily differentiated from other products. For your product to be catchy in the eyes of the people, it must have its certain mark that will be able to set it apart among other rival products. In this scenario, it is advisable that trademarks are used.

What are Trademarks and Why is it Important?

Trademarks are what an individual, a legal entity, or business organization attach to their product in order for people to identify and to differentiate its origin.

It is a type of an intellectual property marking, which is usually a symbol, image, word, phrase, logo, name, or the mixture of the following elements. In addition, the trademark status may also be given to unique color combinations, packaging, overall presentations, product styles and building designs.

Unlike service marks that are used for services, trademarks are solely used for products. Owners of trademarks have exclusive rights to use their trademark on the product it was made to identify as well on other products related to the one being identified.

Most of the time, trademarks are seen and regarded by the public, especially both consumers and possible consumers, as the name or description of the product that is being promoted and not as the product’s brand name.

Using Trademarks in the Right Way

Trademarks should be used in the right way so that its value, protection, and usefulness will remain. Here are some tips in using a trademark in the right way:

• always differentiate the trademark form the text that surrounds it

• use correct trademark spelling and form

• do not use of your trademark as a noun

• do not change your trademark in a plural form, if needed, modify the generic name

• do not use your trademark as a verb

• always use your trademarks in the form you have registered it

Types of Trademarks
There are three kinds of trademark that a person have ownership to. The three types of trademarks are:

• trademarks that are used to differentiate a certain product among other products

• collective marks that are used to identify membership in an association or a group wherein only the members of the organization or the group has the authority to use the mark

• certification marks that are used to specify the product’s quality and origin, as well as certifies that a certain product was able to meet certain quality standards

Trademark Infringement

Trademark Infringement is defined as a violation of the exclusive rights that are attached to a trademark without the proper approval or authorization from any licensees or the trademark’s owner.

There is a federal statute, which is under Lanham Act, as well as state laws, which are created in order to protect trademarks from being infringed by another individual, legal entity, or business organization.

Aside from protecting trademarks from infringement, the Lanham Act that is also known as the Federal Trade-Mark Act of 1946, also manages the registration of trademarks, as well as trade names and other marks that are used in interstate commerce.

Possible Loss of Trademark Rights of the Owner

Owners’ rights over their trademarks can be lost through improper assignment and licensing, as well as through abandonment. Trademarks are considered as abandoned when its use was discontinued for a certain number of years and its owner does not have plans to resume its use.

About the Author

To learn how to protect your business and related issues such as trademarks, consult with our expert Los Angeles corporate business attorneys. You can log on our website to avail of our free case evaluation.