The Role of Trademarks
A patent, for example, is designed to protect the inventor from having other parties use it without consent. Copyright works much the very same way. A individual who writes a hit song should obtain compensation from it and copyright is designed to safeguard the individual in this regard.
A trademark is distinctive simply because it performs two purposes. The 1st is comparable to patents and copyrights. A trademark is a way for a person or company to safeguard a logo, etc., from the misuse by other people. In truth, this is fairly considerably the underlying concept of most intellectual property. The only time a protected intellectual property proper can be legally infringed upon is if the infringer pays a royalty or licensing fee for the appropriate to use it.
Trademarks, even so, also serve a secondary purpose. This purpose has its basis in some thing called public policy. Throughout the law, you will locate guidelines that are set forth as a matter of public policy. These guidelines basically are created to assist the general pool of buyers in some way.
With trademarks, there is a powerful public policy supporting their establishment. The policy has to do with consumer confusion and the top quality of products or services. When a consumer sees a trademark, they associate a firm and level of good quality with that mark. For instance, a person associates a certain cola drink with the “Coca Cola” trademark.
When a trademark is allegedly infringed upon, the court will evaluate the concern of whether the alleged infringement is such that it is most likely to confuse consumers. If it is, then a ruling of infringement is much more like. For instance, assume Reebok started selling a sneaker that had a swoosh similar to Nike. The swoosh, even so, was vertical instead of horizontal. Nike would definitely file suit for trademark infringement claiming that the Reebok swoosh developed confusion among shoppers. It would also win!
When thinking about whether or not to trademark your logo, etc., you will need to evaluate how it assists customers identify with your item or service. The far more distinct your mark, the far better opportunity you have of both becoming approved for a trademark and then defending it against competitors.