Trademarks Rev

TRADEMARKS By trademark we understand any visible sign or device used by a business enterprise or an individual to identify their goods and distinguish them from those made or carried by others. Origination of trademarks can be traced back to medieval times, when craftsmen put their signatures or other special signs on the pieces of art or utilitarian goods that they produced. In the course of time these signs gradually evolved into a modern system of protection and registration of trademarks. The system helps consumers identify and purchase goods or services, since their character and quality is certified by a distinguishing trademark and meets the consumers' requirements. A trademark gives to its holder a protection in the form of an exclusive right to use the mark for identification of his goods and services among others, or to transfer the right to the other party in exchange for remuneration. Normally the term of protection is 10 years, however it may vary, since after the expiry of the initially established term the protection may be prolonged indefinitely, provided that necessary additional fees are paid. The protection of the registered trademarks is effected through courts, and in most countries they are competent to take measures to stop the infringement of trademark rights. In the wide sense the use of trademarks promotes the entrepreneurial initiative throughout the world, bringing acknowledgement and profits to trademark holders. By indicating the origin of goods and services, trademarks serve two important purposes. They provide manufacturers and traders with protection from unfair competition (one person representing or passing for sale his goods as the goods of another), and they provide customers with protection from imitations (assuring them of a certain expected quality). In terms of the protection of the rights of trademark holders, the law in most countries extends beyond the rule of unfair competition, for a trademark is considered the property of the holder; and, as such, unauthorized use of the trademark constitutes not only misrepresentation and fraud but also a violation of the holder’s private property rights. Symbolizing and emblematizing were extremely popular in medieval Europe. In the 15th century the military outfit was very bombastic and rich in emblematical elements: innumerable mottos abundantly decorated hats, jackets, armors and horse harness. Officially in England they started marking gold and silver in 1300, when the king Edward I enacted the law, which prohibited jewelers to sell their gold and silver ware without previous stamping at the Goldsmith's Hall (assay office in London); those who tried to counterfeit the hallmarks were sentenced to death. Dwelling on the topic we cannot help mentioning merchant's marks — personal marks that existed since the beginning of 13th century till the end of 16th century and were widely used by traders and merchants throughout Europe. These merchant's marks can be considered as predecessors of modern trademarks because they bore names of traders and served as a guaranty that the sold goods were of expected quality. In the 15th century there appeared printer's marks, which were put on books to identify printer, for instance German printer Johannes Gutenberg used the mark representing a double shield, which first appeared in books published in 1462. In the 16th century emblems decorated not only palaces and castles of noblemen, but also on inns and taverns, hence were widely used in trade. The first legislative act concerning trademarks was adopted by British Parliament in 1266 under the reign of Henry III, and according to that act every baker had to put his mark on the bread he produced.

In Great Britain the law on registration of trademarks was enacted on August 13, 1875 and it granted to trademark holder a monopolistic right for his mark, and also the right to sue the infringers in court on the basis of certificate. The Department of Registration of Trademarks opened in London on January 1, 1876. The first registered trademark was the red triangle of the company «Bass & Co.», which they put on the bottles with ale. Heraldry and heraldic symbols were at all times in the focus of attention — from old ages the using of blazons was a prerogative of the noble, but in times of industrial revolutions there appeared corporate coats of arms, which belonged to guilds of craftsmen. Among registered trademarks one can still find many elements of heraldry. Sometimes companies use in their emblems such elements, which are associated with the state emblem. In Russia, for example, there are a lot of trademarks using a stylized double-headed eagle. There is an ambiguous approach to this problem: on the one hand, it is banned to use the state emblem directly; on the other hand, many directors of enterprises are willing to call up associations with state symbols. A possible solution for this dilemma can be a greater degree of stylization of the elements of the coat of arms. At present a special sign warns people that the trademark is registered. The signs (R) - ® or TM ™ placed near the trademark indicate that registration is either in force or pending, so that possible infringers knew that unauthorized using of that mark can lead to serious consequences.

1. Trademarks have a. A long life term b. An expiration time

c. A quite indefinite terms d. A ten years fixed time 2. Trademarks a. Were made of firms b. Serve to identify some kinds of goods c. Bore names of merchants d. Were put on hats and jackets

3. Describe the main functions of ancient trademarks

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4. Why are trademarks so important in the modern age? ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

5. Describe how an ancient trademark could be made and in which way was impressed on goods. Give reason if you can. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________

6. Which way can we recognize the authenticity of goods? Give reason. ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________