Patents refer to an exclusive right granted by the central governments to the creator of an invention to use, produce or sell the invention. Trademarks refer to names, designs, symbol, slogans, word or any other distinctive device that ascertains a product or a business. Also, it involves the use of symbols that are added to goods to distinguish them from similar products of other manufacturers. Patents and trademarks are an industrial intellectual property. The origin of a trademark can be traced to 2000 years ago among the Romans. In that period, Roman used to imprint or inscribed their goods with marks to differentiate them from those of other manufacturers.
Ever since merchants have relied on those marks to single their products in the market. However, lack of registration of trademark legislation made it hard for the court to settle claims involving infringement owners’ right to the goods. The court relied on principles of common law to settle such claims. However, common law relied on the evidence given by the claimant to prove the right of ownership. Such evidence depended on the reputation the plaintiffs had established in relation to use of the particular mark.
In UK, the process of developing a legal framework to address the issue of trademark came into effect in 1875. The Patents, Designs, and Trade Marks Act 1883 integrated the UK trademark legislation. This resulted in a convention applicable to both trademarks and patents. Trade Mark Act 1919 established the registration requirements and remedies to ensure better protection of the owner against infringement. Significance of Patent and Trademark“ Patents explicitly prevent the diffusion of new technology to guarantee the existence of technology to diffuse in the future. ” According to the case of Catnic Components Ltd.
v. Hill & Smith Ltd, patenting is a process in which the proprietor informs interested individuals or organizations about the most distinguishing features of his or her products or services.
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