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.
If you are one of the persons who are trying to come up with a great and unique trade name for a business, then you might want to know more about some common trademark issues in the industry in order to avoid the risk of trademark infringement.
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. The trademark name of a company or a brand should be something descriptive, distinctive, generic, and/or descriptive. 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.
One example for this is when a customer is looking for a certain brand of clothing, then he or she will just look for the logo or symbol of that specific brand of clothing in a store and he or she will be able to find that certain brand without asking the help of the sales staff in the store.
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. There are also other cases that trademarks does not only deal with the words, phrases, an symbols of a brand, but also with the other factors such as the packaging and color that will distinguish the brand from other products in the market.
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. On 1966, the Lanham Act of 1946 was amended and is now considered as the number one federal provision that will give a very comprehensive trademark protection to any person who owns a trademark name.
If the trademark name is used for the first time in a business operation by a one person, or a product and service provider, then he or she will have the trademark rights on that certain 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.