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What are the functions of trademark?

What are the functions of trademark?

Trademark performs the following four functions.

  • It identifies the product and it’s origin.
  • It proposes to guarantee its quality.
  • It advertises the product.
  • It creates an image of the product in the minds of the public particularly the consumers or the prospective consumers of such goods.

What are the three main functions of a trademark?

Functions of a Trade mark:

  • The origin function – To denote origin;
  • The quality function – To denote quality;
  • The advertising function – To denote connection between the trademark owner and the advertiser.

What are the functions of trademark provide brief explanation?

A trademark protects a business’ brand identity in the marketplace. Registration of it gives the owner the exclusive rights to prevent others from using or exploiting the mark in any way.

What are the essential function and the extended functions of trade mark?

include not only the essential function of the trade mark, which is to guarantee to consumers the origin of the goods and services, but also its other functions, in particular that of guaranteeing the quality of the goods or services in question and those of communication, investment or advertising” (emphasis added).

What are the five functions of a trademark?

A trademark offers legal protection for a word, symbol, phrase, logo, design, or combination of those that represents a source of goods or services. Types of trademarks for products include five main categories: generic mark, descriptive mark, suggestive mark, fanciful, and arbitrary mark.

What is the most important function of a trademark?

“the essential function of a trade mark is to guarantee the identity of origin of the marked goods or services to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the goods or services from others which have another origin[32].”

What are the essentials of trademark?

Essentials of a good trademark

  • A trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colors or any combination of the above attributes.
  • It should be easy to speak and spell.
  • It should be easy to remember.

What are essential features of trademark?

A trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colors or any combination of the above attributes. It should be easy to speak and spell.

What are the three types of trademark?

These refer to any marks that are used to identify the products and services of a trading company or service-providing company. If the name of your product or service is text- based (contains text only) it will be registered under Word Marks. For Example – The word Nestle® is a registered as a Word-Mark.

What are the types of trademark?

What is the function of a trade mark?

Here the Court stated [31] : “the essential function of a trade mark is to guarantee the identity of origin of the marked goods or services to the consumer or end user by enabling him, without any possibility of confusion, to distinguish the goods or services from others which have another origin [32] .”

Can a trademark owner prevent a third party use?

Thus, in some cases, a trademark owner is entitled to prevent a third- party use even where such use is not capable of affecting the origin function, if it is liable to affect others functions of the mark, such as those of quality, communication, investment or advertising.

Do you need a trademark to name a product?

Clearly consumers need to be given the guidance that will allow them to consider the alternatives and make their choice between the competing goods. Consequently, the goods must be named. The medium for naming goods on the market is precisely the trademark.

What is the purpose of the US Patent and Trademark Office?

Functions of the United States Patent and Trademark Office. The United States Patent and Trademark Office (USPTO or Office) is an agency of the U.S. Department of Commerce. The role of the USPTO is to grant patents for the protection of inventions and to register trademarks.

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Ruth Doyle