thumb tacks, thumb tech

Musings and rantings about...EVERYTHING.

Tuesday, October 09, 2007

Importance of trademarks when it comes to business

Do you find this logo familiar ? This logo is used by Music Choice, UK. I am not familiar with Music Choice but I am not new to the logo - of centric circles. Don't you find the logo so similar to Target ? Target’s three-circle red and white bulls-eye logo, in use since 1968, is one of the most widely recognized corporate logos in the US.

A trademark is a type of intellectual property, and typically comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements. A brief on trademarks - registrations of trademark, granted prior to November 16, 1989 have a 20-year term. Registrations granted on or after November 16, 1989 have a 10-year term. Trademarks can be renewed for an additional 10-year term. Unlike patents that have a 20-year term and need not be "proven" unless challenged, trademarks(registered or unregistered) rights must be maintained through actual use of the trademark. The rights will diminish over time if a mark is not actively used.

For the recent case in Target that has lost the case to Music Choice in fighting for ownership of the trademark logo, UK’s Intellectual Property Office has claimed that Music Choice registered the bulls-eye trademark in 2001, and was the legal owner of the logo and had exclusive rights to it. Trademarks, especially unregistered marks do have geographical limitations. Thus, although Target has used this logo since 1968(mostly in the US) - first, we should find out if it's registered; then if it is or not, where(geographic) it is registered. This might be the likelihood why the owner of the registered trademark (Music Choice UK, in this case) started legal proceedings for trademark infringement to prevent unauthorized use of that trademark against Target in UK.

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