Trademark: What Is And What Is Not?
Updated: May 6
Trademark is a brand name that is used to differentiate one manufacturer’s goods from those of the other. Now, a trademark owner can be a person or an organization or any legally enforceable entity. A trademark may be a name or symbol, figure, word used by an owner in order to designate his product from any other manufacturer’s work. A Trademark Law is a branch of intellectual property that is governed by both the State Law and Civil Law.
Trademark recognizes the originality of the goods and helps to protect it from any duplication. In the leading case of Cadbury India Limited v. Neeraj Food Products, the Delhi High Court observed that the impetus and intention of the trademark legislation is to protect the buyer and seller against any dishonest acquisition of one’s trademark by another with the evil motive of capitalizing the company’s goodwill and reputation.
Name: - Vero Moda is a perfect example of a brand name that is a trademark. The brainchild of the fashion empire was Troels Holch Povlsen. The main motto was to make the young women look beautiful with affordable and high-quality products. The company was built in 1987. For their excellent quality and great taste and variance, the company became recognizable around the world since then. The brand name is a trademark as it distinguishes the company’s unique design and comfort from any other manufacturer.
Symbol: - Nike’s single tick is a classic example of the symbol trademark. The tick mark is followed by a phrase “Just Do It”. The company has established its symbol in such a way that there is no further need to mention its name. Everyone knows that the tick mark symbolizes ‘Nike’. This differentiates them from other shoe manufacturing company.
Catchphrases: - It is a renowned phrase that is generally associated to a particular famous person or company. Donald Trump’s ‘You are fired’ sets up an example to what catchphrase is defined. This catchphrase is being used in his reality show ‘The Apprentice’.
Figure or Mascot: - Geico’s Talking Gecko is an example that became a mascot to the company. Thousands of American households now can recognize this talking lizard.
Lyrics: - The lyrics of a songwriter are trademark.
Shreejita Makhal (BBA LL.B, Sem 2, ALSK)
Debopriya Mukherjee (BA LL.B, Sem 8, ALSK)