Essay on the functions of trademark

It tells the person who is about to buy that what is presented to him is either what he has known before under the similar name as coming from a source with which he is acquainted, or that it is what he has heard of before as coming from that similar source.

It gives the purchaser a satisfactory assurance of the make and quality of the article he is purchasing, the particular quality being not discernible by the eye.

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It is on the faith of the mark being genuine and representing a quality equal to that which he has previously found a similar mark to indicate that the purchaser his purchase.

A trade mark may be used to indicate not only that the goods are of a particular maker but are goods of that maker of a particular kind and quality. Thus a trader may indicate his best quality by one trade mark, his second quality by another trade mark and so on.

A Trademark is a word, or symbol, or phrase, or design, or any combination of these, which identifies and distinguishes the source or origin of a product or service. Other forms of identifying features which have come to be recognized as trademarks include particular color combinations, smells and sounds (for example, an advertisement jingle), textures, packaging, shapes, etc.