#Trademark #Protection and #Public #interests


The trademark law does not protect consumers' interest in improving the worth of the information in the market Since the time trademark laws were practiced, the only reason was to show the origin of commercial services or the goods in certain situations.(McKenna 2017). Public interest-only plays a secondary role. As we look at the traditional trademark law, many judgments were made in the court that denied consumers relief even though they were deceived. Nowadays, the trademark law as expanded and developed such a way that the central rationale needs to make trademark to have protection is or ought to possess a need of business to inherit importance to protect their brand value apart from taking care of public interest. Trademark gives the identity to the original trademarked product to avoid confusion on the outcomes of a similar origin. (Balmer, J.M., 2017)Trademark gives protection to enterprises to protect the services and products by having brand value which is different from other products. It protects producers from the illegal changes of trade from competitors who may need to reduce t brand value.

The new companies are entering market and try to compete with those established companies that have brand value name. The companies registering for trademarks have no idea on the public interest, they only focus on having brand value for success.

The following steps show the reasons why businesses protect their trademarks and the importance of merchandise and how the company also protects their brand image when they register their trademarks. This paper also focuses on the aspects of the trademark law proven over years and significance of brand value protection, which is a core function of the trademark [1]

[2]law. Lastly, the paper look at the economic implication of trademark and hon shapes the judgments and legislations around the world.

Brand value

Brand value is a design, symbol, and name or any term that differentiates the trader's goods or services from other goods or services and that legally known as trademarks. The brand is known as the combination of trademarks.( Drewett, S.R 200) a trademark is a legal concept that is defined in the law court while the brand is a market concept that help business has a bigger consumer base. Trademarks include images, logo or designs whereas brands involves personalities, identity, and any other association a company may possess.

The brand is made up of attributes that are seen in a trademark, thus the management of the trademark is perennial for any organization, and it brings influence and value. (BalmerJM,2017). Consumers do not look for any brand attributes, especially if they see the specific trademark in a brand they trust or value. Many businesses aim for trademark due to the reduced consumer costs, and it indications on originality of service and product, then making company to have wide range of consumers. (Balmer, J.M., 2017).

Brand merchandise can also be achieved if the company register their trademarks. The Supreme Court in America adopted this brand merchandise, where many organizations follow the brand image and register trademarks to benefit from the goodwill of their business. (Gerhardt 2010). The business organization has trademark protection in practice to enable them to put off pirates and any unfair competition that may lead to the company's failure or lower its goodwill. Nowadays, the trademark protects and recognizes merchandising rights that control the rival business organization that produce similar products and sell them in the name of original products using the brand image and logos for innovative business organization.

The marks on the products nowadays do not give the sources to the consumers but indicate what product is. Today in the world, trademarks law understands the significance in brand merchandising and brand image. Perspective of Brand protect the trademarks of a company, which is the initial interest. It does not prevent confusion that goes directly to the consumers, which results from countrified companies. The post-sale company usually tries to avoid confusion because it requires build or operate the image as per its requirements.

(Desai & Waller 2016).

A company did not register its trademarks and that do not have the brand value, the primary purpose of registering their trademarks will be only to acquire the business perspective without considering the public interest. The company will register its trademark to create an easily recognizable brand image. Public interest does not venture anywhere for a company that did not disclose its logo. Brand value plays a significant role in any successful company and only organizations and producers that are entitled a right to sue any other company that uses marks that can harm or confuse consumers. The consumers do not play any role since the company only pursues trademarks protection and not that of consumers. (Waller 2016).since the trademark law.

Although a mark guards the consumers, primarily, the company registers them to gain the brand value. The public interest not taken care of anywhere by the trademark law; its core is a company and brand protection. Therefore, public interest plays secondary consideration.

The function of trademarks.

The scholars have argued that trademark law digressed from protecting consumers and focused on rights of an organization. (Desai 2015). The traditional trademark law does not consider rights of public and modern trademark law apposes consumer's interests. Interests of Public come the second in trademark protection consideration and continue to play secondary importance since the trademark is linked to the brand value of organization. Other scholars argued that this trademark law planned to protect consumers (McKenna 2007). But trademark law since started always capitalized on safeguarding the right of the producer so that it protects the business goodwill or brand value since twentieth century.

Trademarks law prevents misunderstanding among consumers, having no the reasons to get concern with public interest. Still, it is only that the consumers' confusion and deception are harmful as competitors can take advantage. (Sinclair, R., 2017). The traditional trademarks law regulates the relationship between the competitors and promotes goodwill in companies to their business grows and benefits. (Sinclair, R., 2017). Previously American courts protected the trademark owner, and competitors developed the products through trademarks as property rights.

[3]When the company registers its trademark, get the protection of the brand value. This is attributed as a natural rights property that can be followed in ac court in the 19th century. Business entities maintained a zone of free action and enjoyed the rights generated by business. Producers protected their brand value such that no one could interfere with their company.

Trademarks play two significant roles: protect the superiority of the product or service and guarantee the products bought by consumers not defective. Brand value have main role to protection of trademark rights since time of origin up to the time renewable date is done.

Modern trademark law have not gone against the original purpose even although researchers said to look more about the consumer's interest (Desai & Waller 2010). Since the 19th century, the court viewed brand value as goodwill.

Trademarks in economic.

For the business to look for profit, the primary function is to protect their brand value so that it maintains loyal customers. The firm achieves this by having trademarks registered since it permits customers to differentiate the services and products given by the defective company. (Sinclair, R., 2017).the trademarks also lower the cost and create restraints that viable for economic viable for a business. A company that registered logos owns exclusive rights such that sell, mark, or give rights in using marks to other business. The use of trademarks helps in producing products or services that other business organizations cannot imitate, and the company can specialize in particular products or services. The trademark reduces competition in the market and maintains the reputation of its owner without public interest. Trademarks work as information capitals since it reduces the customers searching cost for the original products. (Sinclair, R., 2017). In the world, people can pay more on brand merchandise products because such products or goods have a unique quality that cannot match any other product or service (Newman 200).

Conclusion:

The central rationale protects brand value since owners of marks have the rights to exploit marks in way they need .The interest of public plays secondary role because companies don't control products according to requirements of the public. Businesses makes profits from investments and exploits resources the way they want. Consideration of the public interest is secondary, which makes a company look for the registration of trademarks for their business. Public benefits play a vital role in controlling the infringement of trademarks law. The new trademark law have basic principles to continue protecting trademark owners and who look for brand value protection. (Balmer, J.M., 2017)

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