Conditions for Trademark Registration
1) Distinctive Character of the Trademark
The trademark must possess a distinctive quality that differentiates it from other existing trademarks in the market. It should exhibit innovation that sets it apart from other products.
2) External Distinctive Character of the Trademark
The trademark must not resemble any other previously registered trademark in the market.
3) Legitimacy
Trademarks should not contain prohibited elements or forms. In other words, it is not permissible to register or adopt a trademark that violates public decency, contradicts public order, or uses state emblems, flags, or religious symbols.
Trademark Imitation
This refers to the selection of a trademark that is similar in appearance to a famous trademark. The imitated trademark can create confusion in the minds of the public, which infringes upon the rights of the original trademark owner.
Methods of Trademark Imitation
Trademarks can be imitated in several ways:
Name Similarity: The imitator may choose the same name as the trademark, altering only a few letters or adding a letter that does not change the pronunciation of the word.
Visual Similarity: The imitator presents a trademark that resembles the original in terms of shapes, colors, and symbols.
Mental Association: The imitation occurs in the consumer’s mind, aiming to create a mental association between the original and imitated trademarks. This often relies on synonyms or related words included in the trademark’s composition.
Trademark Protection
Trademark protection is of utmost importance. If a person infringes on a trademark by imitating or using it to distinguish similar products or services, the registered trademark owner has the right to stop the infringement by filing a lawsuit to cease the violation and claim compensation.
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