Do you ever think what and how was the history of a Trademark? Here we are going to discuss about the 7 Reasons of trademark advantages. The trademarks were discovered at the barbarian times. The ancient peoples were used the symbols for logical methods. Peopled used the animal symbol to identify the products. They chose each animal symbol as their own way of identifications. People already decide their animals for the import and exporting identification purpose. Marks denote the origin and definition of goods and services. The first marks were stamps on the bricks by the Roman bricks makers. And then the marks were used in the barber’s pole for the identifications of business.
The sword manufacturers in medieval England uses the sword symbol and it became a new discovery to the government for identifying the false caused by the third party or the thieft activities. Government started to give punishment for the infringement or the thieft activities. Mark act as the ground for the ownership of goods. In the 10th century the merchant marks are used to identify the merchants likewise the proprietary mark also generated to identify the ownership of goods. The symbols and logos frequently appeared to ensure the civil protection in 14th and 15th century.
History of Trademarks & 7 Reasons
Here we are going to discuss the 7 Reasons of trademark changes and its advantages. In the southern Van how at 1617 the clothier makes his mark on the clothes that were made by him and this procedures followed by the courts to avoid certain violations and misunderstandings. The court officially declares that all have to follow certain rule to avoid bargaining of the goods. In 1875 the Britain statutory trade laws were established. And this one is the beginning of the Indian Trademarks law.
British trademark Act, 1875 were used for the formal registration of trademarks. Through the registration they obtain the license for using the mark. The trademark Act, 1875 were cancelled and substituted by patent, Design & Trademark Act, 1883. By using this act we can register brand as any fancy words or anything. The registration of the marks again substituted by Trade Act, 1905 and eventually it also get substituted as Trademark Act, 1938.
The 1st Indian Trademark Act of 1940 was evolved from British Trade Act 1938. From that, the Indian laws molded some new Trade & Merchandise Mark Act, 1958. Later the trademark Act was come in force on 30th December, 1999 known as Trade Act, 1999. There are lots of Reasons behind the transformation of trademark law change.
Outcome of creativity
People get the right of trademark for their outcome of creativity and innovative activity. The intellectual property includes trademark, patent, copyright & design. Marketing the goods and services based on their IPR property leads better and higher business. The registration of each intellectual property results recognitions in the market, quality assures, and reduces the confusion etc. Mainly, the trademarks are used for the product and service identification and protection. Registration of the trademark is not that much important. But in the current scenario there occur violations. So we have to register the mark legally to avoid such violations.
The registration enables global protections. If you register your name in local or global name it also gets global clearance. Another name of trade includes device. It is a mode of identifications. Most of countries allow single color, 3D, audible signs etc as trademarks. The trademark is a marketing tool and business assets that no one can squeeze and copy. It is an indicator of business organizations. The connotation of trademark is brand. People buy products based on the quality made up with. The mark is also a quality symbol. It can be placed anywhere like container, tags, labels etc.
The trademarks are distinguished in four forms. Collective mark, Service mark, Certification mark and lastly trade dress. Let us discuss each differentially.
The service marks are any word, color, symbol, device or any combination of words or any used to identify the services from others services. Service marks do not represent the physical goods. It is mainly for representing the services. Examples of service marks are
- Investment services
- Management services
- Promotional services
- Hotel services and motel services
- Entertainment services
The service mark plays a crucial role in marketing. Those marks can able to sale or promote the goods/ services. It represents the quality of the goods or service and also the goodwill for which the trademark is used. Service mark can be symbolized by SM. The SM also need a cross checking to assure that there is no existing mark similar to the proposed one.
The collective marks are used by members of unions, collections or group of members to identify the source of goods or services. More than one person can trade the mark only if the mark has same characteristics. The collective marks are of two types mainly to distinguish the mark from other marks of same characteristics.
trademarks in Collective membership and collective trademarks and collective service marks.
- Collective membership marks: It does not represent the origin of goods and services. But indicates the sellers are the part of the collective memberships.
- Collective trademarks and collective service marks: This is mainly to represents the origin of goods and services.
The collective marks are used by the individual members of the union but it is registered as the whole union. The association can use the mark. The act added to the Trademark Revision Act 1988 and came into effect on November 16th 1989 in US.
The certificate is the evidence for some event had done or the proof of some legal formalities etc. It denotes the quality of the goods and services are certified under the certifications mark. The certification mark also defines in the trademark Act 1994 section 50 reveals the origin, material, mode of manufacturer, quality, and characteristics. The trademarks act 1994 is capable of registering the certification mark. The owner of the trademark should represent the products which concerned. The user of the certification mark can link to the licensed mark in certain conditions like unauthorized application of mark.
The trade dress is the combination of certain terms that make up the look, feel or environment of the product or business. It is a non-functional substantial detail. Each term can refer to the individual elements of the products or business. The few features of the trade dress includes,
Shape, color, size, packaging, texture, graphics, design, and color combination. The trade dresses are protected against the Lanham Act. Each manufacturer has to protect their trade dress as soon as they can.
The brand of company, product, and services all are referring to the world under trademarks. Every person is dealing those identities in a daily basis. The brand reputation and the consumer’s mentality all are having certain connections with designs. Each entrepreneur should know that the importance of trademark and how its role in the business development. In the next topic I am going to share the advantages of trademark in your business.
Effective communication tool: Do you ever think how a single brand can convey the emotional and intellectual messages about you? Yes, it is possible a single wording can explore the company’s identity as well product and services too.
Brand protection: Design need not to be a word. It can be a single alphabet, numbers or anything. Branding has higher influence in the field of marketing. For example, the swoosh design of Nike is globally spread and recognized by even a small child. This is the power of trademark.
Easy to make the identifications among customers:
A crowded marketplace, how can you remain unique among them? The answer is branding. Branding makes your business bright among the competitors. Through branding you can make the services stand out. It is a commercial communication tool to capture the customer attention. High branding increases the driving of customer’s purchase decision.
Influence on social Medias: If the brand is highly celebrated, people will start to search your brand name instead of your company name. Higher traffic on the search engine results website traffic and it attracts more people to gather into your products and services.
Valuable assets: Business reputation and brand have certain connections. The more your business results more in your brand identity. Trademark can act as the expansion from one industry to another. By trademark your business can make a large corporation. Trademark cab be sell, licensed, bought or use as a security interest to grow your business.
No expiry date:
The trademark will not expire until you are in the control of united state commerce. Some of the brand in US are crossed the experience of hundred years. Mercedes was incorporated in 1900 and cola was registered in 1896. So invest your money and dedication to register a trademark. Be sure that the brands suits to your company before taking any decisions. If you are selecting a new brand it cannot infringe by other persons. For that conduct a clearance search. The more differentiated brand is easy to protect. Choose the name & logo that will protect you from competitors.
Register your brand wisely to avoid infringement. Be alert with the violations and trademark auditing. If your trademark is similar with others it will be a drawback for your company and reputation. We Corpstore in Coimbatore the ISO Certified copany, file your trademark and make you a unique identity. If you want to get any help, please contact us.