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TRADEMARK

 TRADEMARK


A sign or symbol which helps in distinguishing the goods and services of one person from the

goods and services of another person.Trademarks include symbols, names, logos, etc.

Trademarks represent the goodwill of a brand in the market.


Securitisation of Intellectual Property : Securitisation is the process of pooling and repackaging of

homogenous illiquid financial assets into marketable securities that can be sold to investors.” To be

specific, it is a practice whereby the future cash flow of an entity from an IP asset is used in the

form of a guarantee for the repayment of its debts.

Apart from the assets, the goodwill of a brand name can be securitised in order to conjure up capital

from financial institutions. Hence, it becomes extremely important to protect the trademarks and

identities of the popular brands.


A trademark is a distinctive sign that identifies certain goods or services as those produced or

provided by a specific person or enterprise . It may one or a Combination of words, letters, and

numerals. It has a huge impact on our behaviour, in the sense how one shops.

Terms of protection - Initially for ten years; subject to renewal.


Types -

Brand - Brand refers to those kinds of marks which are branded on the goods or services. It implies

that the symbols itself constitute the trademark.


Symbol - symbol may take the shape of brands or logos. A logo is a visual depiction of a

manufacturer or a company and gives an identity to it. Presently logos are identified by consumers

as symbols that's belong to a particular company and representing quality , elegance etc. Eg Ford,

Nike.


Name - Sony, LEVIS.


Letter - Letter as mark in the identify created out of letterforms and has its inbuilt strength of

individuality. The letter forms have been very useful elements for designers to work with and

develop a successful mark. Eg. Facebook, HP .


Numerals - Numerals can be registered as trademark upon evidence of users. Eg. 7up, formula 1.


Shape - Shape of goods and package including case, box and container etc does form a trademark.

Eg. Coca cola's bottle. However, share cannot be trademarked if it is a result of functionality. Eg :

Kit-Kat and Toblerone. Packaging can be trademarked but trade dress i.e. a specific way of writing

any product name, its unique background and other remarkable signs, cannot be.


Colour - Combination of colours can be considered as a trademark. Colour has been held to be

registrable and hence protected. Application of a colour in a particular manner on a particular kind

of product can be trademarked but the colour itself cannot be. Eg: Louis Vuitton got trademark for

unique red colour of sole of their heels.


Sound tracks - A sequence of musical notes was registered in the name of "National broadcasting

corporation for its services of broadcasting. Eg: Nokia tone


The test to check if trademark is infringed is whether the consumer is getting deceived because of

the same.


FUTURE OF TRADEMARKS

Motion trademarks - Example: 20th century fox, UTV, Doordarshan etc

Personality marks : Example: SRK, SRT, Amitabh Bachchan

Smell mark : Example: Chanel

Taste mark

Sound mark

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