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A Trade Mark is a visual symbol in the form of a word , a device ,or a label applied to
articles of commerce with a view to indicate to the purchasing public that is a good
manufactured or other wise dealt in by a particular person as distinguished from
similar goods dealt or manufacture by other persons.
Trademark is a major asset of any company. Hence ' trademarks management ' in an
enterprise comprises two aspects:
1. Trademark Policy
2. Trademark Protection
Trademark protection is a legal function .In small enterprises one of the tasks of
the legal department is to assure the protection of company's trademarks. In large
enterprises there is need to create a specific department known as ' Trademarks
department' which will look after the ' Trademarks Management '.
Since trademark protection is a legal function, the trade marks department best
assure its role when it is integrated in the legal function of an organization.
The principal duty of the Trademarks Department is to protect and administer the
trademark of the company i.e. by getting registration under the relevant laws of a
particular country, the country of registration, the list and classes of goods and the
services covered , renewals, action against the infringes and dishonest users and so
on.
The Trademarks Department may also be entrusted with the task to managing the
licensing of trademarks, drafting license agreements and permitted user agreement
for use of trademarks and also to look after other areas of Intellectual Property such
as Patents, Designs, Copyrights and technical know how.
Functions of the trade marks department for proper trademarks department for
proper trademark management.
1) Advise the marketing department with regard to the choice of a new trademark.
5) Advise the company for proper use of trademarks after obtaining registration in
order to avoid the attack on the registered trademarks on the ground of non-use by
business competitors.
6) Initiate legal action against the infringes by filing civil suits or criminal complaint
against the infringes and dishonest traders.
7) To conduct search and raid the premises when the infringed or spurious goods are
being manufactured or marketed with the help of local police personnel after lodging
criminal complaint.
8) To maintain individual files for each and every trademark of the company for easy
reference.