The document discusses trademarks, their meaning, purpose, and history. It provides definitions for trademarks and explains how they differ from patents and copyrights. Trademarks identify the source and owner of a specific product or service. They legally differentiate products and recognize a company's ownership of a brand. The document outlines the key functions of trademarks, which are to identify products and their origin, guarantee quality, advertise products, and create an image in consumers' minds. It discusses the history of trademarks dating back thousands of years and provides details on trademark laws and regulations in various countries like the US. Registering trademarks provides legal protection and exclusive rights to brands.

1. BRAND MANAGEMENT
Brand Mark and Trade Mark
BY
Kathirasan.M

2. TRADEMARK MEANING
A trademark is a recognizable insignia, phrase, word, or symbol that
denotes a specific product and legally differentiates it from all other
products of its kind. A trademark exclusively identifies a product as
belonging to a specific company and recognizes the company's ownership of
the brand.
Similar to a trademark, a "service mark" identifies and distinguishes the
source of a service rather than a product, and the term “trademark” is
often used to refer to both trademarks and service marks. Trademarks are
generally considered a form of intellectual property.

3. TRADEMARKS, PATENTS, AND
COPYRIGHTS
 A trademark protects words and design elements that
identify the source, owner, or developer of a product or
service. Different than a trademark, a patent safeguards an
original invention for a certain period of time, and there can
be many different types of patents. Unlike patents,
copyrights protect “works of authorship,” such as writing,
art, architecture, and music.

4. WHY USE A TRADEMARK
Individuals and companies have products or services trademarked to protect the
product from being used without the permission of the source company. Most
countries have patent laws that are designed to protect against copyright
infringement. In the United States, the United States Patent and Trademark Office
(USPTO) serves this function.
Although most countries have agencies through which businesses can have their
products trademarked, international copyright regulation is more complicated than
in the U.S., as there exists no universally recognized patent office, rules, or
consistency.

5. KEY OF TRADEMARK
 A trademark is an easily recognizable symbol, phrase, or
word that denotes a specific product.
 It legally differentiates a product, or service, from all others
of its kind, and recognizes the source company's ownership
of the brand.

6. TRADEMARK HISTORY (EARLY USE)
 5000 B.C.: The Chinese made pottery that included the name of the emperor currently in power,
along with the place where it was made, and the name of the person who manufactured each piece.
 3100 B.C.: In ancient Egypt, craftsmen would include unique images and signs on their products to
identify a product's origin as well as its maker.
 1266 C.E.: King Henry III of England passed a law that required all bakers to develop and use a
distinctive mark in their loaves of bread.
 1383: The Lowenbrau brewery in Munich, Germany began using a lion (Lowenbrau means "lion's
brew") as its trademark.
 1857: France declared its first modern trademark law.
 1862: Britain first issued its trademark law, the Merchandise Marks Act, making it a crime to try to
sell an item under the auspices of another manufacturer.
 1876: The logo of Bass Brewery, which was trademarked is the first image to be registered as a
trademark in the United Kingdom.
 1401–1500: In 15th-century Europe, it was quite popular to add emblems and symbols to military
attire, including horses' harnesses.

7. TRADEMARK HISTORY (IN US)
 1791: The conversation about trademark legislation in the U.S.
began in earnest during President Thomas Jefferson's office.
 1870: Congress proposed a formal trademark law, but it the
Senate squashed it because the bill conflicted with constitutional
rights.
 1881: Congress passed a new trademark act.
 1905: Congress revised it and drafted the final Trademark Act.
 1946: Congress passed the Lanham Act, which defined federal
trademark rules and gave the USPTO administrative authority
over trademark registration.

8. THE SYMBOLS ™ (THE TRADEMARK SYMBOL) AND ® (THE REGISTERED TRADEMARK
SYMBOL) CAN BE USED TO INDICATE TRADEMARKS; THE LATTER IS ONLY FOR USE
BY THE OWNER OF A TRADEMARK THAT HAS BEEN REGISTERED.
Registered trademark Symbol Trademark Symbol

9. FUNCTIONS OF TRADEMARK
A trademark serves the purpose of identifying the sources or the origin of
goods. Trademark Performs the following four functions
 It identifies the product and it’s origin.
 It purpose to guarantee its Quality.
 It Advertises the product. The trademark represents the product.
 It creates an image of the Product in the minds of the public
particularly the consumers or the prospective consumers of such goods.

10. COMMON PROBLEMS WITH TRADEMARK & DESIGN
RIGHTS COMPLIANCE
 Counterfeit components or products passed off as genuine branded materials. This can
occur, for example, where unreasonably low-priced items are purchased, the source is
not known or vetted, or supply chain management fails to detect counterfeit items. Even
legitimate vendors and well-meaning purchasers can find trademark-infringing
components have slipped into their supply.
 Misuse of another’s trademarks in products, services, or communications. Trademark
infringement can also arise in advertising, services, and other activities connected with
your own or someone else’s business. Trading on someone else’s brand name, or using
someone else’s trademark improperly in these kinds of activities, can also bring liability.
 Knockoff designs of products or packaging. Imitation is not always the sincerest form of
flattery. Exact or overly similar copying of someone else’s product packaging, or of the
design of their product itself, can unfairly free-ride on their work and wrongly imply a
connection, endorsement, or substitutability with the original product, and violate that
person’s design rights.

11. RISK OF TRADEMARK
 Defective products and components, in some cases with safety risks to
customers. Defective, mislabeled, or poor-quality counterfeit components and
products can fail to work properly and injure consumers, and occasionally
result in deaths (e.g., from poisonous food and drink, ineffective drugs, or
exploding electronics or security equipment.)
 Supply or business disruption, returns and warranty claims, legal and financial
risks. Product failure or supply disruption due to counterfeits can provoke
claims for replacement and compensation, and mean lost business for both the
supplier and customer. Any resulting legal claims, damages, contract
termination, and other redress can have a substantial negative financial
impact.
 Damage to brand, reputation, and sales. Not only is a trademark owner’s own
brand value hurt when counterfeits slip through the supply chain, suppliers
and business partners involved in the problem can also find their own business

12. ADVANTAGES OF REGISTERED
TRADEMARK
Exclusive Rights:
The owner of Registered Trademark enjoys exclusive right over the trademark.
The owner can use the same for all the products falling under the class(es)
applied. Further, the owner can enjoy the sole ownership of the Trademark and
can stop other from the unauthorized use of the Trademark under the same
class where it is registered. It gives the right to sue the unauthorized user of
the Trademark Registered.
Builds trust and Goodwill:
The established quality of your product and services are known by everyone
through the trademark and which establishes trust and goodwill among the
customers in market. It helps in creating permanent customers who are loyal
and always opt for the same brand.

13. Differentiates Product:
It makes easy for customers to find your products. It makes your product
and identity of products different from that of the existing and foreseen
competitors and acts as efficient commercial tool. The logo can
communicate your vision, quality or unique characteristic of your company
and any organization.
Recognition to product’s Quality:
It gives recognition to the quality of the product. Customers attach the
product’s quality with the brand name and this image is created in the
market about the quality of a particular brand which helps in attracting
new customers as they can differentiate the quality of a product by the
logo/brand name.
Creation of Asset:
Registration of Trademark creates an intangible asset i.e. Intellectual
Property for an organization. Registered trademark is a right created which
can be sold, assigned, franchised or commercially contracted. Also, the
Trademark is an intangible asset which gives the advantage to the
organization.

14. Use of ® symbol:
Once the trademark is registered you can use the ® symbol on your logo stating that it is a registered trademark and no
one can use the same trademark. It is exclusive of all types of usages as well as rights. If someone else use the
trademark then you can also sue the party if the trademark is registered.
Protection against infringement:
No competitor or other person can use the wordmark or logo registered by you under trademark. However, if in any case
one uses it without the approval of the owner of trademark or make any deceptive use of same, the owner can get the
legal protection under the Act and stop the person doing so.
Protection for 10 Years at low cost:
Online Trademark registration is done on a very low maintainability cost. Once you register the trademark you have to
just pay the maintenance cost and renewal cost which is after 10 years of registering the trademark. It is cost efficient
and helps your company create an unique image.
Global Trademark Registration:
If one wants to register the trademark in countries other than India, the trademark registered in India can be used as
basis of registration there. For any person willing to expand outside India, the trademark registered in India can provide
a good base along with the Established Goodwill in the Country.
Attract Human Resources:
Young minds aspire to join big Brands as it acts as a magnate. It inspires the positive image of the organization and thus
candidates are attracted towards them easily. This reduces the cost towards hiring and related activities.

15. THANK YOU