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
