The role of the trademark is what facilitates and provides more beneficiary things to the users and the producers. How the trademark evolution from the earlier times to the modern age is going to be discussed here.
Historical role constituted a liability:
The history of trademarks, is traced to the middle ages. They were used even at that point of time as indicators of source, but constituted a liability.
Role- Indicators of source:
Historically, a trademark was to indicate only a source or origin and not had any significance apart from the business in which it got related. Initially the function of the trademark was to simply designate the goods and the products of the trader and protect the good-will against the sale of another’s product.
First, the merchants’ marks which were regarded as establishing the ownership of the goods to which they were affixed.
Secondly, the production marks whose purpose were to indicate origin or source. The merchants’ marks were only to establish ownership. Production marks was to control the entry to particular trades which were used by the guides or association or guarantee quality. The merchandise marks are used compulsorily in order to constitute the liability for the producer to trace the trader and the workman who sold or made the defective goods.
Difference between medieval and modern trademarks:
The basic difference between medieval and modern trademarks is that medieval trademarks were compulsory. Today, it is the desire of the seller to use or not to use a trademark.
Modern trademarks would not aim at identifying the ownership as was like the proprietary marks in the Middle Ages. A modern mark becomes an asset for the owner whereas in the earlier times, it has been just a liability.
Modern role of trademark:
Modern trademarks were born really in the second half of the nineteenth century, although their origin can be traced in some cases to the eighteenth century also. W.H Lever was the pioneer in the development of the modern trademarks, when he began using sunlight as the mark to advertise his product, not simply as soap, but as sunlight itself, in a manner which was unprecedented in extent and intensity.
Acquisition of monopoly:
The major role of trademarks today is the acquisition of monopoly or exclusive right to use a trademark or brand name. Bringing too many countries and many products is the ultimate goal. Trademark owners strive for non-use of similar marks of others. It can be done by legal proceedings. Legal proceedings may be genuine or may be in the nature of strike suits, provided the circumstances or cost factors for taking the proceedings permit.
The trademark rights are acquired by owners simultaneously, with the use of a trademark on specified goods or services. The trademark owners, by powerful advertising campaigns in collaboration with licensees, create brand loyalty and establish product differentiation.
Acquisition of Goodwill:
Over a period of time, the owner of the trademark acquires goodwill not only for the mark and also for the trade name. An enterprise which has the reputed trade name, obviously helps for brand proliferation and for goodwill. By this action, more brands from the enterprises will be restricted. The source of supply the different brands to the market is also reduced.
It is well-known that the competitions of the price are eliminated by the brand competition.
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