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What Is Trademark Law?

It is very important for giant and successful companies that they protect their trade names, and for an average person this might give him or her some questions. Some people might want to know the importance of a trademark in the operations of a successful company. If you own a business, you should have knowledge on the legal actions that you will need to do if you feel that another company is violating your rights in regards to the trademark law.

This article will discuss the importance of avoiding trademark infringement by trying to explains some common trademark issues in the industry and to inform the people who have plans on coming up with a specific trade name for the business that they have.

In the point of view of the corporate world, trademarks are symbols, phrases, or words that are used to give identity uniqueness to a product, brand, or company among others that are out in the market. It is very important that a trademark should be suggestive, generic, descriptive, and/or distinctive. A business trademark name can be used as a form of advertisement so that clients and consumers will not have a hard time recognizing one manufacturer from the other manufacturers of a certain products and services in the industry.

Let us say for example, a customer is trying to look for a certain brand of clothing, he or she can look for that certain brand without the help of a saleslady or any staff in the store by just looking for the trademark symbol or logo of that certain brand of clothing.

Another important factor of a trademark name is that it can be used to by a business in order to have protection to their products and services from being duplicated by other companies. In some other cases, trademark protection does not deal only with the symbols, words, and phrases of the brand, but will also deal with the other factors that would distinguish the brand from others such as its packaging and color.

The federal law and the state law has their own certain ordinance that they will follow in cases where one company violates the rights of a certain person that owns a trademark. To a person who owns a trademark name, or a business with a certain trademark, the number one federal provision that will provide him or her a very comprehensive trademark protection is the Lanham Act of 1946 that was amended on 1996.

If you are that first person to ever use that certain trademark name, then you will be give trademark rights to that trademark name in order to give you protection from other companies that might want to use the same trademark name. This means that if one company for the first time will include in their business operations one product with a certain trademark, then that company will be given priority by the law to use that certain trademark.

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