Intellectual Property Law (Trade marks) Essay Example | Topics and Well Written Essays - 2000 words

Intellectual Property Law (Trade attach) - Essay ExampleIn the absence of these marks, substandard quality or other manufacturing defects business leader not be traced to their manufacturer. Thus authentications on the one hand ensure and maintain the reputation of the manufacturer and on the other hand they make the vendor liable for the quality of the goods made or sold. The fundamental feature of the Trade mark law is to defend the consumers investment in respect of the goods or operate purchased, from unfair and misleading advertising by immoral competitors. Most of the courts have made it mandatory for trade marks to be non- descriptive of the goods to which they are applied. any goods and services are classified into 45 internationally recognized classes for the purpose of identifying a companys rights in respect of goods or services. As such the trademark accommodation will be done only for these groups. Again, the trademark application shall describe in detail as to whi ch goods or services of a category beingness applied for. Thus trademark registration would disqualify applications claiming all goods in a class.Trademarks must be protected and used more frequently compared to copyrights and patents. The pallbearer of a patent or copyright may inhibit its usage by keeping the creation for himself, where as a company obtaining a trademark and failing to use it, or failing to look after it from being used in the breach, is likely to loose the right to it. In the event of a trademarked term becoming generic out of common use or in the event of a consumer failing to recognize it as a trademark or a court ruling to that effect, makes it null and void1. The reasons for rejection or acceptance for registration of trademarks under the Trade Marks act upon, 1994 and the registrability of certain type of marks are discussed here under. The smell of roses applied to Rambling Rose Dolls. In the U.K., several nuzzle registrations have been issued as a resu lt of the amendment to the U.K. Trademark Act in 1994. Subsequently, the registration of the smell of roses was done in respect of car tyres in the United Kingdom2. This trend is visible in other European countries also, where applications for scent marks have been filed and the OHIM has accorded permission for the registration of a mark incorporating The Smell of Fresh Cut Grass for tennis balls3 and similarly in the case of Benelux4. The aspiration is to enhance product esteem. Smell marks are registrable if they are already being used or will be used in the forthcoming as a trademark. It must be a supplementary component produced by the manufacturer and it should not be a part or arising from the goods or services or the consumer should particularly associate the smell with that product5. The public has been associating the smell of roses with car tyres and this has been registered so the third clause of registrability is inapplicable to rambling dolls. Registrability of the ex terior piddle of a tin of baked beans produced by Gusto Ltd. The canister of beans in this case, is similar to that used by another prominent manufacturer which though not registered as a trademark was being used for 30 geezerhood. This shape will be provided legal protection on the basis of reputation or goodwill. The efforts of a competitor to use a name similar to that being used by a small business which had been doing business from many years without a registered trademark will be