What is a trademark?

A trademark is a distinctive sign which identifies certain goods or services as those produced or provided by a specific person or enterprise. Its origin dates back to ancient times, when craftsmen reproduced their signatures, or "marks" on their artistic or utilitarian products. Over the years these marks evolved into today's system of trademark registration and protection.

What does a trademark do?

A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment.

The period of protection extends to 10 years, however it can be renewed indefinitely beyond the time limit on payment of renewal fees.

Trademark protection is enforced by the courts, which in most systems have the authority to block trademark infringement

Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.

Which kinds of trademarks cam be registered?

The possibilities are almost limitless. Trademarks may be one or a combination of words, letters, and numerals. They may consist of drawings, symbols, three- dimensional signs such as the shape and packaging of goods, audible signs such as music or vocal sounds, fragrances, or colors used as distinguishing features.

In addition to trademarks identifying the commercial source of goods or services, several other categories of marks exist:

• Collective marks are owned by an association whose members use them to identify themselves with a level of quality and other requirements set by the association. (Example accountants, engineers, or architects).
• Certification marks are used as indicators of quality, origin or production method, or other common features of goods or services.

What are the rights of a trademark owner?

The owner of a trademark has the right to decide who can and who cannot use the brand. The owner of trademark can give authorization or license other parties to use the mark, under the conditions for which they mutually agree. The owner can also sell the right to someone else, who then becomes the new owner of the trademark. Brand protection ends with the completion of its term and the brand is then made available for public use. This means that the owner no longer holds exclusive rights to the mark, which is then made available for use of commercial purposes.

What are the conditions for registering a trademark?

The sign must fulfill certain conditions in order to be protected as a trademark. It must be distinctive, so that consumers can distinguish it as identifying a particular product, as well as from other trademarks identifying other products. It must not be deceptive, that is, it should not be likely to mislead the consumers as to the nature or quality of the product or be contrary to public order or morality. And finally, the rights granted may not be identical or similar to the rights already granted to another trademark owner.