TRADEMARK BASICS


Trade mark is a sign which distinguishes the goods and services of one trader from those of another. A mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination of these.

FUNCTIONS OF TRADE MARK


  • Origin
    A trade mark helps to identify the source and those linked for the products and services trade in the market.

  • Choice
    A trade mark assists consumers to choose goods and services with ease.

  • Quality
    Consumers define a certain trade mark for its known quality.


  • Marketing
    Trade mark play a significant role in promoting. It’s common for consumers to make purchases based on continuous effect of advertising.

  • Economic
    Recognized trade mark is a valuable asset. Trade marks may be licensed or franchised.

IMPORTANCE OF TRADE MARK REGISTRATION


Intellectual Proprietary privileges in relation to a trade mark may be established through actual use in the marketplace and registration provides for:

  • Exclusive Rights

    Registered trade marks owners have exclusive right to use their marks in trading. They also have the rights to take legal action for infringement under the Trade Mark Law against others who use their marks without consent. They can either take civil action or lodge complaints to Enforcement Division for appropriate actions under the Trade Description Act 1972.

  • Legal Evidence

    Registration certificate issued by Registrar Office is a prima facie evidence of trade mark ownership. A certificate of registration serves as an important document to establish the ownership of goods exported to other countries.

DURATION OF REGISTRATION


Trade mark registration is valid for ten years(10) from the date of application and may be renewed every ten years.

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