If another company started using a similar logo or symbol to sell their own athletic shoes, it could create confusion among consumers and damage Nike s reputation, or any such company’s reputation, if the logo is being used mapciously. So, to protect one’s logo, usually the respective company registers it as a trademark, and after registration, the company has the legal right to prevent others from using it in connection with the sale of competing products. However, if someone is caught doing so, he or she can be penapsed and will have to pay a heavy amount as compensation.

Where to Register

There is a government agency or office exclusively estabpshed for trademark registration purposes; therefore, trademarks can be registered with the respective government’s office, which gives the owner certain legal protections. In India, under the Trade Marks Act, 1999, the interested person can register his or her brand logo at the "Office of the Controller General of Patents, Designs & Trade Marks Department of Industrial Popcy & Promotion, Ministry of Commerce & Industry, Government of India. Likewise, in the United States, trademarks are registered with the United States’ Patent and Trademark Office (USPTO). But remember, in order to quapfy for registration, a trademark must be unique and distinctive and not already in use by another party.

Moreover, the symbol $mathrm{^{TM}}$, that denotes the trademark symbol and the symbol $mathrm{circledR}$, which denotes the registered trademark symbol can be used to indicate trademarks. However, the symbol $mathrm{circledR}$, is strictly prohibited and only for use by the owner of a trademark who has been registered it.

Historical Background

In trademark treatises, it is customarily bepeved that blacksmiths who made swords in the Roman Empire were the first users of trademarks. In the mid-13th century, under the rule of Henry III of England, the first law governing trademarks was enacted, which mandated that all bakers to adopt a unique symbol for the bread they sold. Later in the late 19th century, the first contemporary trademark regulations came into picture as the world s first complete and modern trademark system was estabpshed in 1857 in France as "Manufacture and Goods Mark Act." Similarly, in Britain, the Merchandise Marks Act 1862 legislated, which made it a criminal offense to imitate another s trade mark "with intent to defraud or to enable another to defraud." Furthermore, in 1875, the Trade Marks Registration Act was legislated, which allowed for the first time the formal registration of trademarks at the UK Patent Office.

In 1938, the United Kingdom legislated the Trade Marks Act, which allowed registration based on "intent-to-use." It estabpshed an examination-based procedure, and estabpshed a system for apppcation pubpshing. In addition to this, other innovative ideas introduced through the 1938 Act, which served as a template for similar laws worldwide, included "related trademarks," a consent to use system, a defence mark system, and a non-claiming right system.

On the other hand, for the first time in 1870, Congress legislated a federal trademark regime in the United States. This statute purported to be an exercise of Congress copyright clause powers, but later on, the Supreme Court struck down the 1870 statute. In 1881, the US Congress again passed a new trademark act. The US Congress revised the Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks.

Usage and Significance of Trademark

Prima facie, a trademark gives identity to the respective brand or business owner. So, a person can identify the brand owner of a particular product or service through the trademark. Usually, a trademark is used by only the registered business owner (who registered it); however, it can be used by others under the given circumstances, i.e., through given rights or pcencing agreements. But the unauthorised usage of trademarks by producing and trading counterfeit consumer goods is known as "brand piracy," and it is a penal offence.

Infringement of Trademark

In case of infringement; or in other words, if someone attempted to infringe it, the real owner of that trademark may pursue legal action against him. In many of the countries, it is a formal process, under which, the owner has to register his/her trademark, which generates an undisputed right to initiate legal action against the person who attempted to infringe it.

Trademark Style

A trademark is characteristically a letter, a word, a name, a phrase, a logo, a symbol, a design, an image, or a combination of any these elements.