Meaning of Brand and Trade Mark
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Meaning of Brand and Trade Mark

Meaning of Brand and trade mark Meaning of Brand Brand means any identification mark (such as trade name, mark, symbol, picture, design, color, etc.) used to identify the product of a seller and to differentiate it from the products of competitors. Brands may be producer's brand or middleman's brand. A family brand means selling a number of products under the same name,

Meaning of Brand and trade mark

Meaning of Brand

Brand means any identification mark (such as trade name, mark, symbol, picture, design, color, etc.) used to identify the product of a seller and to differentiate it from the products of competitors. Brands may be producer's brand or middleman's brand. A family brand means selling a number of products under the same name, e.g., "Godrej". Business firms generally use three types of brands:

(a) Symbols and marks like Rath vanaspati, Ship brand match box, Fountain bidis, etc.

(b) Special names like Pears soap, India Kings cigarettes, Mohan ghee, etc.

(c) Name of the producer such as Godrej refrigerator, Escorts tractor, Modi carpets, etc.

A brand name consists of letters which can be pronounced, and (b) symbols, designs, marks, etc. which can merely be seen but not obvious. A trademark is a legal term and refers to the brand which is registered under the Trade and Mercantile Marks Act, 1958. After registration, a brand enjoys legal protection and becomes the exclusive property of the owner. Sometimes, repeated use causes a brand name to become a generic term, for example, at one point of time DALDA became a generic name for vanaspati cooking oil.

Following are the essentials of a good brand:

(a) The brand name should be brief and simple.

(b) It should be easy to pronounce, spell and remember.

(c) It should be attractive and appealing to the eyes.

(d) It should be suggestive of the utility of the product.

(e) It should be distinctive and difficult to imitate.

(f) It should remain constant for a gain over a period of time in order to gain popularity.

(g) It should be capable of registration and legal protection.

Meaning of Trade Mark

A trade mark is a brand or part of a brand that is given legal protection. It protects the seller's exclusive right to use the brand name and/or brand mark. Under the Trade and Mercantile Marks Act, 1958 trade mark means a registered trade mark used or proposed to be used in relation to the goods for the purpose of indicating or so as to indicate a connection in the course of trade between certification trade mark registered under the Act.

A certification trade mark means a mark adopted in relation to any good to distinguish, in the of trade, goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified and register able as such under vision of the Act in respect of those goods in the name as proprietor of the certification trade mark of that person.

 

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