We're not necessarily
talking about Elvis' trademark sideburns or Catherine Hepburn's trademark
voice, but that's not too far from the path.
They're everywhere you
look, and yet do you really know what they are? Trademarks are a strange animal
and it's necessary that you get to know them if you have business endeavors of
any kind. Whether you're making your own trademark or using other trademarks,
there's a whole lot to learn.
We're not necessarily
talking about Elvis' trademark sideburns or Catherine Hepburn's trademark
voice, but that's not too far from the path.
They're everywhere you
look, and yet do you really know what they are? Trademarks are a strange animal
and it's necessary that you get to know them if you have business endeavors of
any kind. Whether you're making your own trademark or using other trademarks,
there's a whole lot to learn.
The definition of
trademark is a pretty simple one. It's only later that the topic gets complicated.
Basically, a trademark is just a sign of some kind that distinguishes a company
from all the rest. Trademarks sit under the umbrella of “intellectual
property.” A trademark can come in many different forms. Maybe it's am image or
a a turn of phrase. Paris Hilton was recently poked fun at for trademarking the
phrase “that's hot.” Indeed, there's a lot of controversy over what can and
should be trademarked.
Are you thinking about
buying some intellectual property? If you do, you will be able to take people
to court if they use your trademark without permission. It's important that
your company has a signature and unless it's protected, it's useless and can be
used by just about anyone. A trademark might seem a simple concept enough, but
if you overlook the issue, it could cost you a lot down the road.
When talking about
trademarks, you're bound to get into some murky water. For instance, some
marks, logos, phrases, images, etc, become trademarks over time, if by chance
they simply grow to become synonymous with a particular product or service.
When we think of trademarks in this way, it's pretty apparent that a trademark
is not a narrow concept at all. Anything that conspicuously distinguishes
something from something else, in a sense, can technically be a trademark.
What about those little
circles with the “TM” and “R” in them? What do they mean? The “TM” refers to
trademark and the “R” refers to a registered trademark. While
they serve as gentle reminders that the trademark is protected by law, they
aren't necessary. There are both unregistered and registered trademarks out
there, the latter obviously carrying more weight in a court of law. Most of the
trademarks you see on TV and in magazines are registered.
Just as with physical
property, intellectual property –
when handled in court – is dealt with based on its jurisdiction.
There are five basic
kinds of trademarks: distinctive, arbitrary, suggestive, descriptive, and
generic. On the other hand, there are some symbols that can never be used in
trademarks, like national flags. It's also important to note that national and international trademark law vary,
so especially if you are conducing business overseas, you should be aware of
that.
A trademark can open
your company up to all kinds of business and separate it from the pack, but if
it's not formed carefully, it may misrepresent and misdirect your company. So
choose your trademark intelligently and make sure you understand the
law backing it up so that you can put it to good work.
How ANT Lawyers Could Help Your Business?
Please click here to learn more about ANT Lawyers IP
Practice or contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or
call our office at (+84) 24 32 23 27 71
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