A trademark is a symbol or a logo which is used by a company's service or a product in order to signify its distinction among various other similar services or products present in the market. Each and every product therefore needs to have its own idiosyncratic trademark. We know now that there are millions of products available in the market. And therefore it is very obvious that confusion or complexities may arise while choosing a trademark for a particular product or service.
Sometimes it may happen that two different company are about to use exactly same logo for a product like a mango fruit juice. If the launch needs to be done within a country, it becomes the responsibility of the state, to make the two companies use the trademarks as per the pre-decided law of the state. In order to abide by these rules, these trademarks need a registration.
In simple terms, if you want to own a product and a trademark on it, you need to register a trademark, in order to own it. Although a trademark does not compulsorily needs a registration like in case you for a free trademark search. But even though you may use a free trademark, you need to abide by certain rules laid by the law of the state.
A case when an issue between two users of same trademark arise, and it may arise due to several reasons, one needs to consult a trademark attorney. Trademark attorney is a solicitor who has complete knowledge in terms of all trademark laws. He has the skills to make the matter settle outside the court in most cases.
Trademark laws are governed in most of the countries through the federal law enactments. This means that a particular trademark being used both in state and in the country, has to follow the rules laid by the two governments separately. As this statement may sound like "a lot under regulations", it is though very logical and effective method to keep such a complex issue under control. A trademark and registration may not be necessary aspects for each other, yet the federal laws enacted upon all kinds of trademark, makes it unique for all the products unique within the region.
A trademark may not be restrained to a certain symbol or word or phrase for a particular product. It may stretch its boundaries and become quintessential for the product in terms of colour, texture of the container, or the way of packaging for a product or service. But, here again certain clauses restrain the registration of such parameters. Where it comes to bestow grants on the parameters which may give the product certain functional edge or even a competitive edge the law restricts the registration.
This is to avoid the monopoly or heirloom on certain aspects. To explain this point, here is an example, if a certain shape of bottle or a container of the product gives it a functional edge like a better grip or better usage of the product inside it respectively, it cannot be registered by the innovator company. So this is how, trademark laws are protected.
