Legal Nature of Trademarks as a Form of Property
There are some laws governing trademarks which give it legal nature. A trademark is treated as an intellectual property. In fact, the law in the USA and other nations including Australia recognizes trademark as a form of property that ought to be guarded. The rights of ownership of the property can be established through registration of the symbol or mark in the patent office or through actual use in the market place. However, most jurisdictions do not recognize the legal ownership of a trademark if the ownership arises through use in the market rather than registration. In the event of infringement of rights associated with the same, the case will be treated on the basis of ‘first one to file.’ The process of registering a trade mark is similar to the process of property registration. This further reveals its legal and property nature. In the first place, the owner is supposed Continue reading