What is Trademark Law and How it Works – Overview 2020
Intellectual Property Law consists of 3 branches, one being Trademark Law while the other 2 are Copyright Law & Patent Law.
In brief, patent law is there to protect fresh discoveries that can be precious to the patentee or owner and so the owner is conferred as the person who holds it and is as similar of the of a physical property. Copyright law, is there to protect those creations have come from an artist, be it a music composition, book, piece of literature, film.
While the law for trademark is there to protect a particular name or mark that are associated with either a product or a service. It can be in the form of a phrase, image, sound, word, icon, color, or even a form of packaging that only a particular corporation makes thus making it easy for that services or product to be famously recognized from their other competitors. SM can identify services and TM can identify trademark. You can also hire trademark attorneys in your city, if you are from Colorado; I recommend you to check trademark attorney Denver for more information about copyright trademark registration and details.
History of trademark law
The history of trademark law dates back to 13th century and was initiated by the Englishmen so as to safeguard their customers from such happening of false product or service. By the end of the nineteenth century, the administrations of both UK and US set up trademark organization that would thereafter take care of all matters related to trademark registration.
How trademark law protects
What happens to be the use of a trademark is that it protects against illegal use of your product-identifying mark, which over a period of time the customers will easily associate with your particular kind of products or services. A part of the law says that such imitators would not be able to take monetary dividends of such actions and also takes care of the actual manufacturer’s reputation.
What it also does besides protecting the actual manufacturer it also protect the consumer from getting cheated. There is compensation that the actual manufacturer can seek.
Benefits – What it offers
Trademark law too has a lot to offer creative artists too, people such as designers, authors or writers, etc. When a similar person starts a new company under a certain brand name, supposing his own name or a particular logo and gets the same registered he/she is entitled to all the benefits that a registered trademark has to offer.
There is a connection that is automatically generated in the art world and the trademark law via titles, domain names, trade dress, author’s name mishandling & literary characters.
Titles, on few occasions are safeguarded from unfair contest & trademark laws. Copyright law does not protect it. When there happens to be accomplishment of a secondary meaning then only safeguarded come into force. Secondary meaning is equal to titles marketable appeal. Titles should be widely known so as to fit in that criterion. Most often, titles that might belong to a music CD can be a good bet for a trademark. Also, titles that belong to 1 product can receive protection from a different kind of product.
Trademark law with regards to trade dress means a product’s identifiable image. It could be characterized by its peculiar color, packaging, image, shape or a mixture of all of these, which could lead to consumers effortlessly connecting the image with the product.
The web address that belongs to a particular Internet site is known as its Domain name. If incase anyone happens to use a similar domain name sans the prior approval of the domain name holder that it also happens to be a trademark right violation.
There are times when a character of a novel or story becomes so famous that it in some senses it comes into being as alive as human beings. Thus the writer of the story or novel or even comic strip might lend that character to a product for sale. When there happens to be such a situation then the writer can get that character under trademark laws protection and thereafter the character cannot be granted copyright any longer.
Author’s name mishandling is protected by the way of trademark law. As per unfair competition laws the real named author can pursue legal battle against someone who is looking to use the author’s name in false advertising or any other way for his/her own benefit. The same is true incase there is a without consent usage or modification of the original author’s work.
To say in brief, this law of trademark there to safeguard the interest of all things that belong to the real person or entity.