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Trademark Law: A Small Introduction

Jun 13, 2008
The branches of Intellectual Property Law include Trademark Law, Copyright Law, and Patent Law. Copyright law can be described as a right for an artist to own its works and prevent it from being used or copied by others illegally. The difference between this law and the patent law is the fact that patent law refers to the idea of the creation while copyright only protects its forms of expression. The patent law refers to inventions which include science, biology, technology, etc., this law makes sure that nobody will use a person's invention to gain benefits by selling it or making it their own.

The trademark law is a little different; it protects any symbols, names or forms of signature that are found on a company's products. Trademarks can be names, drawings, sounds, images, or anything original about a certain company. However, services are distinguished by service marks which act as trademarks but are used for services.

Actually trademark law keeps anyone from using a company's representation as theirs, in order to obtain benefits from selling illegally marked products. Also it helps a company's products from being copied and its reputation among its clients.

Trademark law also guarantees the liberty of competition by protecting the possessor of a mark. Clients may be confused when another company uses the same mark, so another good thing about trademark law is protecting them from any confusion concerning original products.

Even artists like writers, authors or designers will benefit from the trademark law. This law protects their works from being used illegally by other people. Trademark law is very important in the artistic world because it ensures the originality of titles, domain names, characters, or publications, also making the public aware of their uniqueness.

Title protection is assured by trademark law and not by copyright law. Each title that needs to be trademark registered has to meet some requirements. The most important requirement is the fact that your title has to be well known. Another thing that can be made by trademark laws is making sure that a certain merchandise title will not be used on other merchandises. Keep in mind that one shot titles will not be protected by the trademark law.

Trade dress is the visual image when speaking about trademark laws. It includes all the shapes, design and packaging that are being used for a certain type of product. This will make sure that clients will recognize it when searching for a product.

Current legislation applies the trademark law in other fields like the internet. Here, trademark law protects domain names used by certain companies, online publications, or any type of original information given to the public. The punishment is the same for people who make illegal use of electronic creations.

Companies can use certain characters to represent their products. This way the characters become a representation of a certain product and help people identify that product with the company. The moment a character leaves the original environment and acts as a symbol or trademark it loses it's copyright but wins the protection of trademark laws.

If someone makes false advertising on any products which are trademark protected, the owners can take legal measurements protecting themselves and their reputation. By making this possible, trademark laws help people get the right information about certain products. Also, trademark laws play an important role in sustaining the world's economy and protect each company from frauds and client confusion.
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Your Trademark Law explains everything you need to know about trademarks, copyrights, and patents. It is your personal reference to protecting your business .
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