IPR Portfolio Management
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Trade Marks Management
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Trade Marks(TM) Management
At Yantram, we pride ourselves to offer our client a tailor made package in managing the Trademark Management. We have in house highly skilled and experienced team of lawyers, well conversant with English, Spanish, French etc language
Trademark
Management could be a difficult job, especially in the case of large
business corporations. With out specialization and experience, we can
undertake projects that involve analysis, organizing. Our familiarity with
the industry enables us to customize the Trademark management to the
needs of our clients whenever required.
Functions of a Trade Mark
• It guaranties its unchanged quality
• It advertises the products &
• It creates an image for products.
• It identifies the product of its origin
What is a trade mark?
A Trade Mark is a visual symbol in the form of a word , a device ,or
a label applied to articles of commerce with a view to indicate to the
purchasing public that is a good manufactured or other wise dealt in by a
particular person as distinguished from similar goods dealt or manufacture
by other persons.
Object of Trade Mark
The main purpose is to deal with the precise nature of the rights which a
person can acquire in respect of a TM-The mode of acquisition of such
rights -the method of transfer of those rights to others-the precise nature
of infringement of such rights-and the remedies available in respect
thereof.
What is a good Trade Mark
• It should be easy to pronounce and remember if it is word mark.
• In case of a device mark should be capable of being described by a single word
• It was be easy to spell correctly and write legibly
• It should not be descriptive
• It should appeal to the eye as well as the ear
• It should not belong to the class of marks prohibited for registration
• It should satisfy the requirements of registration
Tips on Trademarks Management
A trademark is much like that of a human being because the life of a
trademark may be correlated to the life of a human being. Every human
being is to be named immediately after birth in this earth and on the same
line every product is to be identified with a trademark. Hence there is need
to nurture trademarks like human beings.
Trademark is a major asset of any company. Hence ' trademarks management
' in an enterprise comprises two aspects:
1. Trademark Policy
2. Trademark Protection
Trademark policy
Trademark Policy is a marketing function. Normally the marketing
personnel of an organization will take care of this trademark policy letter
known as '
Brand Management '.
Trademark protection
Trademark protection is a legal function. In small enterprises one of
the tasks of the legal department is to assure the protection of
company's trademarks. In large enterprises there is need to create a
specific department known as ' Trademarks department' which will look
after the ' Trademarks Management '.
Since trademark protection is a legal function, the trade marks department
best assure its role when it is integrated in the legal function of an
organization.
The Trademarks Department may also be entrusted with the task to
managing the licensing of trademarks, drafting license
agreements and permitted user agreement for use of trademarks and also to
look after other areas of Intellectual Property such as Patents, Designs,
Copyrights and technical know how.
Function of the trademark management.
1) Advise the marketing department with regard to the choice of a new trademark.
2) Legal clearance of a new trade mark by conducting searches in the Trademarks
Registry and also in the market places with regard to the availability of identical or similar
marks in respect of similar goods and services.
3) Submit trademark applications and advise the company to go for registration in a country
where the goods are to be exported or sold.
4) Since there is globalization of industry and trade, it is better to seek International
protection of the trademarks and other Intellectual Property.
5) Advise the company for proper use of trademarks after obtaining registration in order to
avoid the attack on the registered trademarks on the ground of non-use by business |
competitors.
6) Initiate legal action against infringes by filing civil suits or criminal complaint against
infringes and dishonest traders.