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What is a trademark?
A trademark is a distinctive sign which identifies certain goods or services as
those produced or provided by a specific person or enterprise. Its origin dates
back to ancient times, when craftsmen reproduced their signatures, or "marks" on
their artistic or utilitarian products. Over the years these marks evolved into
today's system of trademark registration and protection. The system helps
consumers identify and purchase a product or service because its nature and
quality, indicated by its unique trademark, meets their needs. |
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What does a trademark do?
A trademark provides protection to the owner of the mark by ensuring the
exclusive right to use it to identify goods or services, or to authorize another
to use it in return for payment. The period of protection varies, but a
trademark can be renewed indefinitely beyond the time limit on payment of
additional fees. Trademark protection is enforced by the courts, which in most
systems have the authority to block trademark infringement.
In a larger sense, trademarks promote initiative and enterprise worldwide by
rewarding the owners of trademarks with recognition and
financial profit. Trademark protection also hinders the efforts of unfair
competitors, such as counterfeiters, to use similar distinctive signs to market
inferior or different products or services. The system enables people with skill
and enterprise to produce and market goods and services in the fairest possible
conditions, thereby facilitating international trade.
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What kinds of trademarks can be registered?
The possibilities are almost limitless. Trademarks may be one or a combination
of words, letters, and numerals. They may consist of drawings, symbols, three-
dimensional signs such as the shape and packaging of goods, audible signs such
as music or vocal sounds, fragrances, or colors used as distinguishing features.
In addition to trademarks identifying the commercial source of goods or
services, several other categories of marks exist. Collective marks are owned by
an association whose members use them to identify themselves with a level of
quality and other requirements set by the association. Examples of such
associations would be those representing accountants, engineers, or architects.
Certification marks are given for compliance with defined standards, but are not
confined to any membership. They may be granted to anyone who can certify that
the products involved meet certain established standards. The internationally
accepted "ISO 9000" quality standards are an example of such widely-recognized
certifications.
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How is a trademark registered?
First, an application for registration of a
trademark must be filed with the appropriate national or regional trademark
office. The application must contain a clear reproduction of the sign filed for
registration, including any colors, forms, or three-dimensional features. The
application must also contain a list of goods or services to which the sign
would apply. The sign must fulfill certain conditions in order to be protected
as a trademark or other type of mark. It must be distinctive, so that consumers
can distinguish it as identifying a particular product, as well as from other
trademarks identifying other products. It must neither mislead nor deceive
customers or violate public order or morality.
Finally, the rights applied for cannot be the same
as, or similar to, rights already granted to another trademark owner. This may
be determined through search and examination by the national office, or by the
opposition of third parties who claim similar or identical rights.
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How extensive is trademark
protection?
Almost all countries in the world register and
protect trademarks. Each national or regional office maintains a Register of
Trademarks which contains full application information on all registrations and
renewals, facilitating examination, search, and potential opposition by third
parties. The effects of such a registration are, however, limited to the country
(or, in the case of a regional registration, countries) concerned.
In order to avoid the need to register separately
with each national or regional office, WIPO administers a system of
international registration of marks. This system is governed by two treaties,
the Madrid Agreement Concerning the International Registration of Marks and the
Madrid Protocol. A person who has a link (through nationality, domicile or
establishment) with a country party to one or both of these treaties may, on the
basis of a registration or application with the trademark office of that
country, obtain an international registration having effect in some or all of
the other countries of the Madrid Union. At present, more than 60 countries are
party to one or both of the agreements.
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