Under modern business conditions a trade mark performs four functions: – it identifies the product and its origin, it guarantees its unchanged quality, it advertises the product, and it creates an image for the product.
The function of trademark is to give an indication to the purchaser or possible purchaser as to the manufacture or quality of the goods, to give an indication to his eye of the trade source from which the goods come, or the trade hands through which they pass on their way to the market.
ADVERTISEMENTS:
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.
Image Source: thompsonhall1.wpengine.netdna-cdn.com
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.
ADVERTISEMENTS:
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.