Trademark is a symbol (verbal, visual, combined or otherwise), which serves to individualize goods of legal entities and individual entrepreneurs. Law recognizes the exclusive right to the trademark, witnessed by the trademark certificate. Legal owner of the trademark has the right to use it, sell it or prohibit its use by other persons (under the “use” here is meant the only use for civilian purposes, and only in respect of the goods and services in respect of which the trademark is registered).
The trademark rights are those from the field of intellectual property rights, and refer to the rights of a legal person individualization means for goods, services, businesses, and information systems.
In some countries, like the United States, the mere use of a written title gives a company a monopoly on its use in relation to goods or services to which it relates. Therefore, competitors cannot use this sign for the same type of products or services.
The trademark law is applied to products and services regardless of their distribution model. The purpose of the registration of a trademark is not necessarily commercial, the Linux is a trademark of the Linux kernel registered by Linus Torvalds for a free software distributed under the GNU General Public License.
The history of trademarks dates back to one thousand years B.C., when craftsmen in India engraved their names on the piece of art to prove their authenticity. Later, there were about a thousand various Roman pottery stamps, including fabric mark FORTIS, which has become so famous that it was sometimes copied and forged. The scope of the trademark use has increased in the thriving trade in the Middle Ages.
Today marks (often abbreviated as TM in English) are used everywhere. Trademarks used in order to facilitate the identification of the services and goods, as well as their value and quality by the consumers. A trademark can be seen as a tool of marketing, used by manufacturers to attract customers. As well as a person’s own name identifies and distinguishes it from other individuals, trademark performs the basic function of identifying the source of the product and the difference of the product from products from other sources.
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