Introduction
Trade marks refer to symbols and brand names that are used by businesses and organizations to identify their products and services and their names in general. In the United States, these trade marks should be registered so that it does not create a clash between one business organization and the other. Trademarks are considered intellectual properties that should be safeguarded using all the mechanisms in the business because it constitutes the reputation of the Businesses. Some companies have been in place for a long time and their trade marks are said to be very precious, normally termed as patents. A patent refers to a trademark of a company which is normally sold when the company is being sold and can earn a lot of money to the business organizations depending on its reputation.
There are several things that need to be considered when developing a trademark and some of the characteristics include the ability of the trademark to meet the laws that are in place in the country and the ability of the trademark not to bring conflicts with other trademarks that have been in place before. In order for the business organization to come up with the required trademark, they need to conduct a lot of research do that they bring up the best criterion of choosing they trademark, they need to seek information from the trademarks office which will give them the direction on the use of the proposed trademarks and can provide further suggestions if their proposal clashes with another (Riezebos, Riezebos and Bas Kist 109). In some cases an individual may insist on registering with trademark that has been in place but changing the domain name, such instances are also allowed by the registration of trademarks board but the individual needs to first of all seek permission from the users.
The suggestions that were made for the trademarks of the European Community can either create a negative or positive implication in the government of America. As much as the trademarks are a way of identifying the European community, there are so many other objections on the idea. These objects have come up as a result of the different features that a business organization needs to consider before choosing a trademark. Of fundamental importance however is the adherence to the laws that have been set by the constitution of the country. Every company is protected by several laws that are stated in the constitution of the business and these laws fall under the category of Company laws.
The shape of a plasma screen which clips onto car steering wheels to create a mobile office once the vehicle is parked is one brilliant idea that can serve as a trademark but there is bound to be some objects from the public and other bodies that are concerned with the road safety and rules regulation. The idea will mean that the producers of plasma screens have to be contacted so that the use of their products as a trademark for the particular car industry can be achieved. This will however creates some conflict with the initial producers of the plasma screen and which breach the laws of this Company, making the intended users at the stake of being prosecuted. The initial producers of the plasma screen will therefore have to get the full information and consider if they are to allow the company to use there symbol. The case may however involve seeking help from the court where the court will make a decision and a ruling on the issue of using the plasma screens in the vehicles (Hicks 60).
The trade mark of ‘credit crunch’ that the European community intends to use in their confectionery such as chocolate coins is also a good idea although it also has some implications because the trade mark in itself may draw the attention of people and at the end of the day create a conflict if the people are not allowed to have the products on credit. There are so many trademarks that have been developed and they normally mislead individuals but they need to seek court orders and explain their initial meaning before they are allowed to run their activities. The European community therefore needs to seek a court order in order to be allowed to use the trademark in their organization. This trade mark can also imply that it will contravene the laws of the banks because by the connotation of the term credit crunch, the customers feel a sense of credit terms that the banks are offering. The term is therefore associated with the banks more than the confectionery business.
The term is therefore not an original idea of the European community thus breaking the rule of the copyright laws that have been put in place. Copyright generally protects the artistic nature of the company, the original literary and other creative works. The copyright law normally expires and the business can therefore wait for the next time so that they can use in the next time. The product may seem to be distinct but the breach of intellectual property laws may occur because the company may not be in a position of providing the several services at a time i.e. the banking services and the confectionery services.
There may arise several objections to the use of the trademark of the sound of a cow mooing that is applied to cartons of yoghurt produced by Daisy Meadow Dairies because yoghurt is not direct milk from the cow. The users will therefore have a lot of concerns and complaints concerning the issue and therefore not get satisfied at the end of the day. The use of this trademark may clash with some of the companies that produce milk products because it may imply that these companies do not produce the standard products that are associated with milk. The farmers can also bring some objections on the use of the cow as a symbol for a company. They may go ahead and sue the company because of the notion that they are going against the laws that govern the rights of the animals. Some of the laws that will be breached include the laws that define the rights of animals and other living things.
The other objection that may arise by use of the trademark is the infringement of the bundle of exclusive rights that an individual needs to enjoy as a registered owner. This includes the right to use the trademark in relation to the products and services that it has been registered to produce. The use of the trademark implies that the owner have the right to sue anyone who has used the trademark yet the use of the cow mooing is a subject that can be used by anyone but in a slightly different way. There are several laws that are needed so that the trademark does not create confusion to the consumers of the products which can be implied by the use of the cow mooing. A particular people who think in a particular manner may feel that the trademark implies fresh milk from the cow and will totally create a different scenario from the products that the company produces i.e. the yoghurt products. Once the trademark has been introduces and registered by the company, the company has all the rights to enforce there company laws but this scenario of the use of a cow mooing may not bring such an issue in place.
The use of the colour pink to be used on photographic and video recording equipment such as compact cameras, camcorders and projectors as a trademark by the European community implies that the products that will be produced will resemble this colour. There are objections that may come up because of the use of this colour which include complaints from the users of these products stating that the products may not be in the right conditions and are not effective in their functions. The colour pink is a strong colour which when used in a particular scenario implies that there is an issue that is needed to be urgently addressed (Gary 38). The customers have a right to sue the company because despite the use of such a strong colour, it’s not producing the right quality of the goods and services in which they have subscribed for.
The use of the colour pink may also be an objection because of the defenses and limitations that are attached to it. The US constitution states that there are less considered as fair use defense protects that are stipulated in the first amendment and they explain that the use of the trademarks should have a fair ground i.e. should describe precisely and accurately the nature of its products so that it does not create a confusion to the users. This fact is very important because a given importance may be attached to a certain good yet it could give that particular importance. The trademarks that are registered in America should provide enough proofs to the registration society of the US so that they can be allowed to run and minimize the objections that they may create. The US media can then put up the trademark by advertising it so that they create further complications in the public.
The use of the trademark with the connotation of ‘real beef’ which is meant for burgers and will be sold in a food chain which contains 6% bovine meat is also a subject that bring objections and different outcries from both the users and the government. The objections will lie on the quality of the goods i.e. the term ;real beef’ implies that the company is producing burgers that are made up of real meat yet in real sense contains only a certain percentage that is negligible. This breach the laws of business organizations that they should provide goods that are required to comply with the laws so that they cannot be harmful to the individuals.
Conclusion
Trademarks are considered the identification labels that a company can be recognized with. They are therefore very important in the business organization and the use of this trademark by another company or organization implies that there is a breach of intellectual rights and in some countries, a breach of the common aw. Every business organization should therefore search and come up with good suggestions of the trademarks so that they may not reproduce the trademarks of other companies.