Any organizations in order to distinguish their product from others use certain symbols, signs or logos. This is termed as trademark or patent; it is a kind of intellectual property right. Here the organization has a specific product which is prepared by their own R&D and they try to ascertain that no one uses their products or the concept which was used to prepare their products.
In order to do so it is very much essential these organization starts using some kinds of identification such as name, logo, symbol or even a combination of these. These identification helps in establishing the uniqueness of the product and hence other organizations are barred from using the techniques adopted by the companies for selling their own product.
Patents and trademarks provide an organization exclusive rights which help them to protect their concept or idea from being used by someone else. The patent and trademarks rights are there for a particular period of time; after which any other person or organizations are free to use the concept or idea. If during these specified period if someone else tries to use the technique for their own benefit then it is illegal and the patentee can take legal action against the offender.
To patent a product one has to submit an application in the patent office; upon verification the application is either accepted or rejected. In the application the applicant provides detail about his invention and makes claim that he should be given patent of the product or concept which he has invented.
In case of patents and trademarks infringement then the title-holder has all the right to initiate legal action against the person or organization that has violated the clause.
Different countries have different laws to deal with the infringement but every country tries to protect the right of the patentee. The patentee may too provide various excuses as to why he did resort to such an illegal procedure.
Trademarks are essential because it helps the marketers to create a brand image of their product. The general masses are able to identify the product through these trademarks. In the advertisement too trademarks are used; these trademarks help in creating image of the product in the eyes of the customers. The symbol ? or ? to indicate that the organization has gone for the trademark; when the symbol ? is used it means that the organization has not gone for the government approval but when the symbol ? is used it means that the government has gone for prior approval from an authorizing agency such as the government.
It is imperative that the patents and trademarks should be continuously used in lawful manner otherwise its validity will expire. In most of the cases if the trademarks is not used for 5 years then its validity expires and one may have to go for renewal which may or may not be given depending on the situation.
Patents and trademarks are helping many genuine inventor and organization from protecting their invention from the others.