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Nature of Trademarks and Servicemarks

Property in the general consciousness is gauged, perceived and construed with respect to movable and immovable also known as ‘tangible’ and ‘intangible’. Wars were fought, and demarcations drawn keeping these aspects of property in mind. Accordingly, Laws and Legal Statutes came to be drafted based on these interpretations.

Origins of Trademarks and Service marks as known today can be traced back to when circulation of commercial goods took over the barter system that existed before business or trade as part of commercial activity came to be established. Therefore, trademarks performed the role of distinguishing goods, products, services from one another.

Though trademarks are territorial in nature and protected based on the desired country’s laws, the global movement of goods and services bearing trademarks and service marks beyond boundaries of the countries of their origin as also via the internet, calls for seamless and easy standardisation / harmonisation internationally, of trademark laws.