Intellectual Property Law Master Essay

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The purpose of the Trademark Law is to prevent the public from being deluded, and to let the consumer identify a specific product with a specific manufacturer. A trademark is a distinctive name, phrase, symbol, design, picture or style used by a business to identify itself to the consumers.


For the purpose of identification of the source of goods or services, marks enable consumers to ensure expected quality. Further, marks help consumers to identify goods and services that meet their individual expectations. Additionally, trademarks ensure accountability and responsibility for in the absence of these, a seller's mistakes or low quality products would be untraceable to their source. Therefore, trademarks not only provide an incentive to maintain a good reputation for a predictable quality of goods but also make it essential to be responsible for the quality and price of the goods manufactured or sold. One of the main underlying purposes of trade mark law is to protect the owner's investment in the quality of the goods or services sold from dilution due to unfair competition and deceptive advertising by unscrupulous competitors.
With the purpose of defining which goods or services a company has rights over, all goods and services in the world are categorised into 45 (formerly 42) internationally recognised categories. A trade mark registration will only be for some of these categories. Further, within each category the trade mark application must specify exactly which goods/services are claimed. For instance, most trade mark registries will not accept applications which try to claim all goods in Class 1.
Trademarks must be ...
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