Trademark

In business life , there are some purposes  that all people who make business want to reach . One of  these goals is branding. Branding means  to be known  of product or service by people.  The branding is the one of the most  significant aims  in commercial life . Since to be a mark provides more advantages to  the brand owner . That is why the protection of the  brand is the significant  issue  as important as being a brand .

One of the forms of Intellcual Property is Trademark . This property  shows that you are the owner of this product or service and protect  it. The owner of the brand has this property.

Likewise  , the trademark  is different from the patent  . It is true that  both of them  provide powerful advantages to the owner .Yet  , the field of their protection is different from each other . As  Richard A. Chapo said  on the article  of What Is the Difference Between a Patent and a Trademark ,  A patent protects the commercial rights of the functional elements of an invention. A trademark protects the identifier, such as a name or symbol, for the resulting product. [1]

A trademark  can be anything  that provides  to  distinguish  it from other  product or service  on the market  such as icon, phrase and logo . Canon , Sony,Nokia, Mc Donalds, Adidas , Nike, Microsoft and Mercedes Benz are the powerful brands. These  brands reminds us something we know. For  instance ,  when it is said ‘Nokia’, the cellphone comes to mind ; when it is said Canon , the camera comes to mind and when it is said Mercedez Benz , the car comes to mind . This is the power of brand recognition and trademarks are used to protect them.[2]

As I mention above , the trademark protects the brand from any infringements   with giving  statutory rights to the owner of the brand . Trademark prevents to use of brand  without permission of brand’s owner . İf somebody  uses  the  brand without  permission , the trademark owner recovers  damages by using statutory rights given by Trademark . Yet , this brand must be registered  as Trademark before.


Even though  trademark protect  your brand , this protection does not apply all over the world. This means that you can not  get a world-wide Trademark registration. Although it was necessary to apply separately for each country  previously , it is possible to possess the protection  of Trademark  with one application  in many countries anymore with European Community Trademark System and Madrid Protocol.

The purpose of this article is to inform people  about the Trademark  . On the continuation of this article, I will tend to  essential questions  to understand What the trademark is  Why it is necessary to register as a Trademark  , what is the European Community Trademark System and What is the content of Madrid Protocol .

Source: http://EzineArticles.com/5936917 [1]

Source: http://EzineArticles.com/334789     [2]