Trademark Act Australia

 

We see different types of signs or logos on different products or in advertisements of products and services. The word ‘TM’ or ‘R’ is often seen next to the logo or name.

Let's talk about Grameenphone phone service of mobile organization or its products. The three-winged aquamarine logo, which is used in the case of Grameenphone's special express, symbol, word or logo. Royal Bengal Tiger skin colour logo in a few colour combinations, using Banglalink.

Again, let's talk about soft drinks. Coca-Cola, Sprite, etc. have a slightly different style of writing. The shape of these bottles is also different from other bottles. The various logos, writing styles, textures, etc. are the manifestations of the trademark.

The Bengali meaning of the English word ‘trademark’ is the identifying mark or mark of its manufacturer on the commodity. A trademark or business title is a sign or symbol. It can distinguish an organisation's product or service from its similar products or services.

Usually the trademark is more on the product packaging or other paperwork. It can also be seen in the installation of the concerned organizations. The trademark is given for a specified period, which is renewable. The following symbols are commonly used to express trademarks:

1. R in the middle of a circle, which means it is a trademark approved and registered by the appropriate state authority.

2. TM The English letter TM or Trade Mark is a symbol of an unregistered (unregistered) trademark. It is used to introduce a product or brand to people.

3. SM English SM or ‘Service Mark’. It is used to introduce a product or brand related to the service to the people. Once the service mark is registered, it is also expressed with the ® sign.

Trademarks are usually images, letters, characters or symbols. For example, the Windows logo is a trademark of US software maker Microsoft. It is believed that the Roman king used the trademark in Italy for the first time in the world.

The first trademark law was passed in France in 1858 and in the United Kingdom in 182. The first trademark law in the subcontinent was enacted in 1940. Trademark Act-2001 prevalent in Bangladesh. A trademark refers to a device, brand, heading, label, ticket, name, signature, word, letter, numbered element, colour combination, or any combination thereof.  However, product packaging is not included in the trademark. The person or entity holding the registered trademark acquires the exclusive right to use the trademark.

Therefore, a special mark, symbol, word or logo used to express the uniqueness of an organization or its product is called a trademark.

Trademarks are primarily used to denote products or services of similar organizations.  Through this the owner, buyer and seller all get the following different types of business objectives and benefits:

1. Creating brand loyalty: Using a trademark or product symbol on a product or service quickly attracts the attention of buyers and consumers. They trust the symbol and the organization.  

As a result, they buy other products with the trademark without any hesitation. Such as: Square, Bonflower, Fresh, Arrow, ACI, RFL, Walton etc. Due to their trust in the company, customers can easily buy any of their products.

2. Easy to introduce: Easy to introduce trademarks of interesting or eye-catching designs are easily recognized. Buyers and consumers of all classes remember it and see it on the product. Can easily recognize it. This way it is possible to get easy introduction of the product.

3. Monopoly right: Owners or merchants can gain exclusive rights by using any name due to trademark registration. Such as- Microsoft, Google, Apple, Alibaba, Nokia, Xiaomi, Vivo etc are easily known due to their brand name and have also become commercially successful. No one else will be able to register under these names.

4. Creating uniqueness and goodwill: Consumers can easily choose the product of their choice from a large number of similar products thanks to the trademark. In this way product separation is much easier and product uniqueness is created. This increases the business reputation of the product.

5. Assistance to purchase and sales: Trademarks create brand loyalty in the minds of the people. As a result, the seller can easily sell the product at a fixed price. In this case, the buyer does not have to understand or inspire. Consumers can easily buy a brand logo or trademark and think it is a good and quality product.

6. Protect the right of buyer: The use of trademarked products protects the buyer.  Buyers may receive legal benefits if any of the purchased trademarked products are damaged or damaged or unusable. Moreover, the buyer also gets the opportunity to change or repair the product due to the warranty / guarantee.

7. Protect piracy: Once a trademark is established and registered, no dishonest trader can take advantage of the trade by using the product or logo. In this case the original owner can take legal help. In this way, due to the trademark, counterfeiting of the product can be prevented.

8. Advantages in publicity: Trademarks representing the organization. Buyers are likely to call everyone who looks appropriate, if there are only a few. In this way, the product or service and the organization can be easily promoted through the trademark.

That is to say, trademarks can bring many benefits, including legal benefits. That is why all the organizations are trying to make it known.