一月 15, 2020

论文代写-商标法的作用

本文主要讲商标法的作用,商标法负责管理商人或制造商使用一种设备来识别货物,并将货物与他人销售或制造的货物区分开来。服务商标也受《商标法》的管辖,服务商标被用于服务而非商品。在美国,商标普通法的某些权利仅仅来源于商标的使用。然而,为了获得与商标相关的最大保护,或多或少建议对商标进行注册,可以向州政府(如果可能)注册,也可以向联邦政府注册。本篇论文代写文章由英国论文时Essay Times教育网整理,供大家参考阅读。

The trademark law is responsible for governing the utilization of a device by a merchant or manufacturer for the identification of goods and for differentiation of the goods from those sold or made by another. Marks of service, which are utilized over services instead of goods, are also under the governance of Trademark law. In the United States of America, certain rights of common law on trademark are merely stemmed from the utilization of a mark. However, for obtaining the greatest protection related to a mark, and more or less it is advised for making a registration of the mark, either with a state government (if possible) or with the federal government.
The registration of mark obtained under federal government should be marked with the symbol of ®. Further ahead, there must be marking of unregistered trademarks using a “tm”, while marking of unregistered services must be done with a “sm”. There is infringement of mark under the trademark law of US when another individual consider using a mark or a device for causing confusion as per the sponsorship or source of the services or goods involved. A number of parties may consider utilizing the mark only if there is lack of similarity in the goods of the parties for causing confusion among the key customers.
Where there is protection of the mark only under the right of trademark as per common law, there will be a use of the same marks where there seems to be no geographic overlapping in the utilization of the marks. Marks with federal registration are known to have a geographic scope across the nation, and hence, they receive protection in the entire United States of America. In USA, rights of trademark arise out of the actual utilization of the mark. Thus, if there is a sale of the product under the name of the brand, there is creation and consideration of trademark rights under common law. This can be considered as specifically true when consumers consider viewing the name of the brand as the factor indicating the source of product.

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