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Intellectual property is a term which is used to describe a number of creations of the mind for which a set of exclusive rights are recognized. In other words, intellectual property owners are granted exclusive rights to certain intangible assets like literary and music works, inventions, discoveries, designs, symbols, words, phrases, etc. generally speaking, intellectual property law aims at safeguarding creators and others procedures of intellectual goods and services by grating them certain time-limited rights to control the use from those productions. Those rights do not apply to the physical object in which the creation may be embodies but instead to the intellectual creation as such. |
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A trademark is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprise. Trademark rights are territorial in nature. In the relevant territory, a trademark owner has the exclusive right to use the mark on or in relation to products and to authorize other to use it. Hence this trademark rights protect by its registration as a trademark under the relevant trademark law in same territory. Even where a mark is protected through use, it is advisable to register it as a mark as such registration provides stronger protection in case a dispute concerning a mark requires intervention of other persons or a court law. |
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Registration, a pre – requisite for infringement: – A person desiring to protect an infringement action must have his mark registered. Thus registration of a mark has become compulsory as far as this action concerned. Further, Registration is considered a prima-facie evidence of validity in all legal proceedings. It is, therefore, advisable to always take necessary steps for registration of a trademark either used or only proposed to be used, for the future protection of a mark whose value will appreciate by the efflux of time subject to use it. Registration confers a permanent and exclusive right in regard to a registered mark. A inventor cannot claim himself as an inventor of any patent or design until he got the registration of said invention. |
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Property right vis-a- vis Trademark action: – A trademark is a guarantee of quality and an indication of source. The essential object of a trade mark is to suggest the origin of goods. If a person buys or acquires a piece of land to day, he must take necessary precaution and care for protecting it by fencing or otherwise, lest trespassers make possession in future or even to dispose it off. A “person’’ adopting a trade mark has an identical function to perform since a Trademark is considered in the future of property. |
