BASIC INFORMATION
A trademark, trade mark, or trade-mark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings.
USAGE
The owner of a trademark may pursue legal action against trademark infringement. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. The United States, Canada and other countries also recognize common law trademark rights, which means action can be taken to protect an unregistered trademark if it is in use. Still, common law trademarks offer the holder in general less legal protection than registered trademarks.
FUNCTIONS
The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, so a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark.
Registration period
of the trademark: 1-2 years
Validity of the trademark
certificate: 10 years.
For prolongation the trademark certificate additional fee should be paid.
Owner of the trademark could be only legal entity, company or corporation. The law considers a trademark to be a form of property.
Well-known trade mark status is commonly granted to famous international trade marks in less-developed legal jurisdictions.
In the case of violations - for example when a violator is using a trademark to sell counterfeit goods or blatantly violating trademark law - courts may issue penalties. Civil penalties may include compensating the trademark holder for lost profits or paying the trademark holder all profits obtained by the infringement.
Trademark is protected only in registered TM-classes acording to the Nice Classification of goods and services.
Legal protection of trademark is provided only in the territory of the country of trademark's registration.