Trademark - Intellectual Property Rights Law In India, Industrial Laws Video Lecture | Industrial Laws - B Com

copyrights trademark and patent are the
three main components of the
intellectual property law patent protect
inventions as it gives the inventor a
monopoly on the manufacture use or sale
of his innovation while copyright
protects creative works such as writing
visual art music and audio recordings
from unauthorized reproduction while
trade dress is the look and feel of a
product its shape packaging and design
that signify the source of the product
to consumers on the other hand
trademarks are brand names which are
labeled to products and services the
mark is a distinguished sign like a word
phrase symbol or a combination of these
elements a mark is used in business to
indicate the source of the brand in
order to distinguish and identify it in
the market trademark protects the
customers by preventing the public
confusion as to the origin or quality of
a product in addition to rewarding the
brand owner by maintaining his business
successful reputation unlike most
countries the American law protects a
brand even if it's not registered which
is known as the common law trademark
rights as the trademark ownership
belongs to the first seller who use and
trade the brand in the markets a
trademark infringement could happen when
a likelihood of confusion exists between
trademarks which means that the brands
are very similar that consumers would
mistakenly believe the two products come
from the same source in this case the
fake brand has to stop misleading the
market and is liable to pay damages to
the original brand owner
however trademark protection is not
absolute as its subject to certain
limits such as the trademark abandonment
geographic limitation and the fair use
of the brand by a third party