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There are basically two ways or systems to obtain the right to a
Trade Mark.
These depend on the legal system of the country where the right is obtained.
There are countries where the actual use of a Trade Mark in commerce creates
the right to that mark. The fact that a company at a certain point in time
starts to use a certain Trade Mark on products, on product packagings etc. is
sufficient for them to be able to claim a right to that Trade Mark.
The majority of countries have legal systems requiring that a
Trade Mark is
registered in a specific trademark register. Or that at least an application
for registration of the trademark is filed with the authorities that
maintain the Trade Marks register. These Trade Mark registers are open for
inspection by the public. They allow third parties to check if a certain
mark is registered or filed for and what the exact status of the application
or registration is. This is essential information for companies that want to
introduce a new product under a new Trade Mark. Before the launch (and final
selection) of such a Trade Mark research has to be done to verify whether the
new Trade Mark infringes upon the (Trade Mark) rights of third parties.
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