The United States policy regarding trademarks, known officially as the U.S. Trademark Law, is incredibly important to the way American society functions on a daily basis. Not only does the law encourage competitive business, but it also plays an important role in both American culture and the legal system.
A trademark is some type of symbol that points “distinctly to the origin or ownership of merchandise…and [is] legally reserved for the exclusive use of the owner” (in text). Oftentimes a trademark is confused with the related concept of a copyright; however, there is an important distinction between the two. Where a trademark is a representative symbol of merchandise origin, a copyright is “the sole legal right to reproduce, publish, sell, …show more content…
Without the law, cases where a business is attempting to defend its trademark would have no grounds for an argument; the competing businesses would be free to use the trademark in question against the original business. However, thanks to the Trademark Law, businesses have a right to defend their trademark and courts can make decisions regarding possible misuse of a trademark using guidelines like those stated previously.
Of course, there are always instances where courts are unable to use a cookie-cutter definition and must interpret the law on their own, this was shown in the precedent setting case of re Celia, dba Clarke’s Osewez, where the trademark in question was, for the first time, a specific scent used in the production of thread and yarn (Burgett). Through cases such as these, the trademark law continues to grow and evolve to match the needs of …show more content…
In fact, the previously stated arguments are often already taken into account in cases involving trademarks, because the decision makers are aware of the possible side-effects of trademark registration.
The Trademark Law is a vital piece of America that not only protects consumer interests, but also assists in court decisions involving certain conflicts between businesses. Without the Trademark Law, we would see a very different norm in the American business world. Confusion would be commonplace, because nothing would stop businesses from profiting off an established trademark. American society would likely also lose numerous brands that have become household names as the result of the strength and importance of
A trademark is some type of symbol that points “distinctly to the origin or ownership of merchandise…and [is] legally reserved for the exclusive use of the owner” (in text). Oftentimes a trademark is confused with the related concept of a copyright; however, there is an important distinction between the two. Where a trademark is a representative symbol of merchandise origin, a copyright is “the sole legal right to reproduce, publish, sell, …show more content…
Without the law, cases where a business is attempting to defend its trademark would have no grounds for an argument; the competing businesses would be free to use the trademark in question against the original business. However, thanks to the Trademark Law, businesses have a right to defend their trademark and courts can make decisions regarding possible misuse of a trademark using guidelines like those stated previously.
Of course, there are always instances where courts are unable to use a cookie-cutter definition and must interpret the law on their own, this was shown in the precedent setting case of re Celia, dba Clarke’s Osewez, where the trademark in question was, for the first time, a specific scent used in the production of thread and yarn (Burgett). Through cases such as these, the trademark law continues to grow and evolve to match the needs of …show more content…
In fact, the previously stated arguments are often already taken into account in cases involving trademarks, because the decision makers are aware of the possible side-effects of trademark registration.
The Trademark Law is a vital piece of America that not only protects consumer interests, but also assists in court decisions involving certain conflicts between businesses. Without the Trademark Law, we would see a very different norm in the American business world. Confusion would be commonplace, because nothing would stop businesses from profiting off an established trademark. American society would likely also lose numerous brands that have become household names as the result of the strength and importance of