Introduction
To begin with, a “trademark” may refer to any word, name, symbol, device or combinations thereof used by merchants or manufacturers of goods and services to identify these specific goods and services, as well as to distinguish them from others offered in the course of trade (____________________________).
Upon registering a trademark, the mark is in fact established. This process is essential in granting the owner the exclusive right to using the trademark, i.e. the right to prevent all third parties who do not have the owner’s consent in using the trademark within the course of trade. Establishing and registering trademarks has several purposes. Firstly, it helps consumers in differentiating between inferior, counterfeit goods and services that appear to originate from the original merchant. This prevents them from deception. Secondly, trademarks protect the owner’s investment in reputation and therefore protect the businesses with which they are associated with (________________________). Once they are registered, trademarks are valid for ten years from date of applic...
-Store brand name enables product to be accepted and adopted more easily by consumers because of brand recognition
Define and explain the following: copyrights, trademarks, and patents. Compare the three and provide an example of each. This paper will be non-graded, but it is still highly recommended that you complete this assignment for increased practice and self-improvement.
With a trademark, a company can register their logo, which in turn cannot be replicated in any form without express permission from the trademark holder (Intellectual Property Office of New Zealand, 2011). After building the reputation of its brand, a company can clearly define itself in a competitive marketplace with a trademarked identity that is unlike any of its competitors, giving it a clear point of difference and customer trust that will directly translate into increased sales and brand loyalty (Philpott, 2004, pp. 171 –
In every given business, the name itself portrays different meanings. This serves as the reference point and sometimes the basis of customers on what to expect within the company. Since personality affects product image (Langmeyer & Shank, 1994), the presence of brand helps in the realization of this concept. Traditionally, brand is a symbolic manifestation of all the information connected with a company, product, or service (Nilson, 2003; Olin, 2003). A brand is typically composed of a name, logo, and other visual elements such as images, colors, and icons (Gillooley & Varley, 2001; Laforet & Saunders, 1994)). It is believed that a brand puts an impression to the consumer on what to expect to the product or service being offered (Mere, 1995). In other application, brand may be referred as trademark, which is legally appropriate term. The brand is the most powerful weapon in the market (LePla & Parker, 1999). Brands possess personality in which people associate their experience. Oftentimes, they are related to the core values the company executes.
Passing off is not confined to that resulting from the use of registered trade marks. While the TMA 1994 protects trade marks as property immediately upon registration, the law of passing off is said to protect as property the trade goodwill that develops in the market place. Although, passing off does not confer monopoly rights, passing off and trade mark law deal with overlapping factual situations, although, s 2(2) of the TMA 1994 s 2(2) maintains passing off as a separate cause of action. Passing off seeks to protect not the claimant’s sign as such but the claimant’s customer connection or "goodwill" built up around that sign or the claimant’s business. According to Alice Blythe, “Passing off seeks to protect business goodwill, which is the trading reputation of the economic undertaking proclaimed by the sign. The business goodwill proclaimed by the sign will be perceived by consumers in a very similar way to which Laddie J described for trademarks.” This a strong similarity to trade mark
Kotler’s (1997) definition of branding is that: “A name, term, sign, symbol or design, or combination of them, intended
People move away from their extended families, and traditions can fade, which is why it is important to have a trademark that easily identifies your ...
Who wouldn't look at the Golden Arches from a distance and instantly recognize it to be the symbol of McDonald's fast-food chain? That's an example of a highly successful trademark. Companies work and invest towards scientific research, creative work, choosing image and name to represent their business, all this creation is part of their Intellectual Property. Company's Trademark and Branding is a valuable commodity for the firm. Trademark is the representation of business through legally registered symbol, images, or words.
A brand identifies a seller’s product from a competitor’s product. There are three main purposes for branding product identification, which is the most important purpose, repeat sales, and new-product sales. Branding has a lot of terms that marketers use there is brand equity, global brand, and brand loyalty. Marketers also have different brand strategies that they use for different products or customers. It all depends on the consumer for them to decide which strategy they will use. The different strategies are generic products, manufacturer’s brands, private brands, individual brands, family brands, and co-branding. The branding purposes and the branding strategy make up the importance of branding.
Intellectual property (IP) is defined as property that is developed through an intellectual and creative processes. Intellectual property falls under the category of property known as intangible rights, which includes patents (inventions of processes, machines, manufactures, and compositions of matter), copyrights (original artistic and literary works of), trademarks (commercial symbols), and trade secrets ((product formulas, patterns, designs). Intellectual property rights has a significant value to both individuals and businesses, providing in the case of large companies, over one half of their value on return. Since intellectual property rights are so important to the U.S. economy and its citizens, federal and state law provides protection, for example, civil damages and criminal penalties to be assessed against infringers. Due to the importance of intellectual property to a business, I don’t think that its protection and enforcement is going to be a thing of the past.
Brand is the name, term, design, symbol, or any other feature that identifies one seller's good or service as distinct from those of others. Initially, Branding was adopted to differentiate one person's cattle from another's by means of a distinctive symbol, and was subsequently used in business, marketing, and advertising.
Product is the core of marketing, which including tangible goods like food or drinks or intangible services, as it is the major way to embody customers requirements; and, branding is directly associated with it. In fact, branding is all about decisio ns of products, like brand names or trademarks. Stork (2007) asserted that a brand is a unique business identity which represents the personality, quality or origin of products. And, such a product which added value by branding would appear in every activity of marketing, namely, branding is actually react on the whole marketing system directly and indirectly.
· Be aware of trademark laws if you intend to trademark your name. If it is merely a contact address, or is descriptive like “books.com”, it will not be trademark protected. There are numerous other pitfalls, and most domain names do not qualify as protected trademarks.
...elated Aspects of Intellectual Property Rights) has not only made it easier for companies to register their trademark in one country or another but it has also extended their level of protection against competitors or counterfeiters.
They are a type of intellectual property, similar to trademarks and copyrights. A patented invention is stamped with the word patent, and a number assigned to the patent. Some are marked with the location of the patent for example ‘China Patent’ and a number, indicating it was patented China. One item can be covered by more than one patent, as in the case of a laptop. After a patent application is submitted, a candidate is allowed to mark a product patent pending, but that does not convey any legal protection. It is illegal to mark an item as patented if it doesn’t have a patent.