Importance of Trademarking

It is important to get Trademarks registered. And it is increasingly becoming necessary to do so in order to protect the brand identity of products.

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R. Shandilya

Legal Counsel

Author Bio:

Legal Counsel


V FOR VICTORY....

NO, B FOR VICTORY -- AND B IS FOR BOLT!

This is not something that is a bolt from the blue.

Several celebrities have earlier tried to trademark their signature poses.

A few years ago one of the band members of American rock band KISS tried to trademark a "devil horns" hand gesture

...but had to abandon it after fierce protests from the public, including fellow musicians.

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Source: Fortune

The trademark application of Usain Bolt filed with the United States Patent and Trademark Office (USPTO) claim as:

''the silhouette of a man in a distinctive pose, with one arm, bent and pointing to the head, and the other arm raised and pointing upward.''

And this mark will be used for merchandising sports and other accessories.

If the trademark is obtained Usain Bolt will have the exclusive right to use that mark...or he could licence it to others, either for free or for royalty fees.

And of course, no other sports person would be able to strike that pose without his permission.

Granting the trademark application will be stretching the "origin" function of a trademark -- distinguishing the goods and services of one trader from another.

According to the USPTO, a trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.

Importance of a Trademark

A trademark:

  • Gives a unique identity to goods and services
  • Provides legal protection to a brand
  • Helps a brand against counterfeit goods

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