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PURPOSE OF TRADEMARK LAW

I. PURPOSE OF TRADEMARK LAW

Trademark is defined as a distinctive mark, signature, or device, affixed to an article or to its wrapper, package, or container, to show that it is marketed, manufactured, grown, or selected by a particular person, firm, or corporation. A Trademark is an insignia, which serves as a guarantee that the product is authentic and genuine, and that the product is made with the same degree of quality as other products with the same insignia. The rationale of trademark law is to protect the symbol used to identify a particular manufacturer or seller’s products or services and distinguish them from the products or services of another. No person should be able to unfairly use, compete, or trade on the reputation of another – you should be able to trade only on one’s own reputation. Trademark law protects commercial identity and protects the consuming public by allowing them to easily identify the source of goods and services. As a result, trademark law reduces the customer’s costs of shopping and making purchase decisions, and at the same time trademark law encourages the production of quality goods.

Trademarks serve three basic functions:

(1) Indicate the source or origin of a product;
(2) Guarantee that the product is of the same quality as other products with the same trademark; and
(3) Distinguish the goods or services from other manufacturers or providers.