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World Intellectual Property Day
April 26, 2008
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 Industrial IP |
Service Marks
 A Service Mark is like a trademark except that it identifies and distinguishes the source of a service rather than a product. Normally, a mark for goods appears on the product or on its packaging, while a service mark appears in advertising for the services.
Trade Marks
Anyone who claims rights in a mark can use the TM (trademark) or SM (service mark) sign with the mark to alert the public of the claim. It is not necessary to have a registration, or even a pending application, to use these designations. The registration symbol, (R), may only be used when the mark is registered. Trademarks are an important intellectual property and serve to perform the following functions:
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The basic aim of trademark is identifying the commercial source of products and services, trademarks facilitate identification of products and services, which meet the trust, and expectations of consumers as to quality and other characteristics.
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Trademarks may also serve as an incentive and encouragement to manufacturers, providers or suppliers to consistently provide quality products or services enabling them to maintain their business reputation.
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A Trademark also helps the owner of the Trademark in building up a Goodwill thereby helping then in establishing a place in the eyes of the consumer and consumer loyalty.
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The owner of a registered trademark can stop other traders from unlawfully using his trademarks by filing a suit for damages and securing destruction of infringing goods and labels.
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Trademark registration is an evidence of ownership of the trademark and is a constructive notice nationwide of the trademark owner's claim. |
Trademark registration in India can also be used as a basis for obtaining registration in foreign countries. Trademarks confer the following rights upon their owners:
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The registration of a trademark confers on the registered proprietor of the trademark the exclusive right to use the trademark in relation to the goods or services in respect of which the trademark is registered. While registration of a trademark is not compulsory it offers better legal protection for action for infringement.
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Proprietary rights in relation to a trademark can be established by 2 ways ie by actual use in the marketplace, or by registration of the mark with the trademarks office (or "trademarks registry") of a particular jurisdiction. In many jurisdictions, trademark rights can be established through one or both means. Certain jurisdictions generally do not recognise trademarks rights arising through use like China. If trademark owners do not hold registrations for their marks in such jurisdictions, then the extent of enforceability of their rights will be.
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The law also allows the owner of a registered trademark to prevent unauthorised use of the mark in relation to products or services which are similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services.
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Once trademark rights are established in a particular jurisdictionthen they can be enforceable only in that jurisdiction, as these rights are territorial in nature and there is no universal trademark. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction.
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The term of a trademark registration is for a period of ten years. The renewal is possible for further period of 10 years each. Unlike patents, copyrights or industrial design trademark rights can last indefinitely if the owner continues to use the mark. However, if a registered trademark is not renewed or is not being used, it is liable to be removed from the register.
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Climate Change - The Technology Challenge
Source WIPO Magazine
This article sets the scene for WIPO Magazine’s new series on the challenge to find technological solutions to climate change. The series will look at examples of climate-friendly innovation
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