MARK AND ITS VALUE
What is in a BrandName?
The Trademarks Act defines a trademark as:
(1) A mark that is used by a person for the purpose of distinguishing or so as to distinguish
wares or services manufactured, sold, leased, hired or performed by him from those
manufactured, sold, leased, hired or performed by others; (2) a certification mark; (3) a
distinguishing guise; or (4) a proposed trademark.
Establishing a successful #BrandName depends to a large degree, of course,
on company’s reputation for quality products or services. In most cases, however, trademarks/brand names can be
developed and maintained through extensive and costly advertising.
While patents and copyrights are distinct in themselves (patents deal with the physical arts and sciences, copyrights with products of the intellect), they do have this in common: they both protect the substance of the article itself.
Trademarks, in comparison, protect only the device or symbol attached to the goods, not the goods themselves: the goods are open to the world. The trademarks owner is entitled only to prevent it from being used to make purchasers believe they are buying his or her goods when, in fact, they
are buying those of a rival.
Furthermore, patents and copyrights in India have limited legal lives. A copyrights term is for the life of the author plus 80 years, while a patents life is for 20 years. But a trademark, once registered, may be renewed at 10-year intervals, without limitation, on payment each time of the necessary renewal fees.
Below PPT, gives insight of value of TradeMark in different classes in India. Search Watch and exploit
“Amul” trademark is registered in both class 29 for milk and class 25 for undergarments. Who has exploited whose mark is the past presently both companies are doing good with there product.
Images are taken from google image search and may we be subjected to copyright