Archive for the ‘Commercial Value’ Category
It is important to note that although trademark filing procedures can be followed that the application for registration may not necessarily be successful. The reasons are that there may already be a similar trademark registered or that the application does not meet the criteria for registration. As such before commencing with the trademark filing you should consult with Intellectual Property lawyers as the trademark filing will only be successful if the mark will be able to distinguish your goods or brand from other brands. If the mark is reasonably required by other traders regarding specific goods, the trademark filing will not be successful. It is essential that the goods or the services be described accurately in the trademark filing as there are various classes under which protection can fall. It must be noted that an objection can be filed should the application show that trademark conflicts with other existing marks or is deceptive.
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What exactly is the commercial value of something? Clearly the answer to this depends upon what the item is and what the circumstances are. The commercial value of a lap top computer, for example, will depend upon the make, model and age of the item as well as the circumstances in which the valuation takes place. If the lap top computer is sitting at the bottom of the Indian Ocean in a yacht that went down in a storm, its actual commercial value is zero (unless covered by insurance). It is not just solid objects that have commercial value though. Intellectual property and goodwill must also be considered to have commercial value. The owners of intellectual property frequently take advantage of its commercial value when they allow others to use it in some way. For example, allowing someone to use a brand name belonging to you under license would guarantee you a recurring income from royalties as well as giving the brand name more visibility in the marketplace.
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