"A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others."
A symbol, design or phrase used to identify and distinguish goods and services from others in the market.
Definition of a trademark: A trademark is a symbol, design, word, or phrase that distinguishes the goods or services of a particular company from those of others.
Types of trademarks: There are different types of trademarks, such as word marks, logos, slogans, product shapes, trade dress, and sound marks.
Trademark search and clearance: Before registering a trademark, it is crucial to conduct a search and clearance to check if there are similar or identical marks used by others that could create confusion or infringement issues.
Trademark registration process: The process of registering a trademark involves filing an application with the relevant intellectual property office and fulfilling certain requirements, such as providing evidence of use or non-use.
Trademark rights: Trademark owners have exclusive rights to use, sell, and license their marks in connection with the goods or services they provide.
Infringement and enforcement: Trademark infringement occurs when someone uses a mark that is identical or confusingly similar to a registered trademark without permission. Trademark owners have various enforcement options, such as sending cease and desist letters, filing lawsuits, or seeking damages.
Trademark licensing: Trademark owners can license their marks to others for various purposes, such as merchandising, franchising, or co-branding.
International trademark law: Trademark law varies across countries, and businesses that operate globally may need to register their marks in multiple jurisdictions and comply with local regulations.
Trademark portfolio management: Businesses with large trademark portfolios need to manage their marks effectively, monitor and enforce their rights, and renew or abandon marks as needed.
Trademark disputes: Trademark disputes can arise in various contexts, such as infringement, opposition, cancellation, or domain name disputes. Knowing how to resolve these disputes through negotiation, litigation, or alternative dispute resolution is essential for trademark practitioners.
Word Mark: A trademark consisting of one or more words, letters or numerals that can be represented in standard typographic characters.
Design Mark: A trademark that consists of stylized designs, symbols, logos or other visual elements that do not consist solely of words or letters.
Combination Mark: A trademark that combines a word mark and a design mark.
Service Mark: A trademark used in connection with services rather than products.
Collective Mark: A trademark used by a group of individuals or organizations to indicate membership in a particular organization or association.
Certification Mark: A trademark used to certify the quality, origin or other characteristics of goods or services.
Sound Mark: A trademark consisting of a sound or musical phrase.
Motion Mark: A trademark consisting of animated or moving images.
Trade Dress: A trademark that includes the overall appearance and image of a product, including its packaging and labeling.
Smell Mark: A trademark consisting of a scent or odor.
Taste Mark: A trademark consisting of a particular flavor or taste.
Color Mark: A trademark that consists of a specific color or combination of colors.
Shape Mark: A trademark that consists of a particular shape or configuration of a product.
"The trademark owner can be an individual, business organization, or any legal entity."
"A trademark may be located on a package, a label, a voucher, or on the product itself."
"Trademarks used to identify services are sometimes called service marks."
"The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England requiring all bakers to use a distinctive mark for the bread they sold."
"The first modern trademark laws emerged in the late 19th century."
"In France, the first comprehensive trademark system in the world was passed into law in 1857."
"The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on 'intent-to-use', creating an examination based process, and creating an application publication system."
"The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as 'associated trademarks', a consent to use the system, a defensive mark system, and a non claiming right system."
"The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to indicate trademarks."
"The ™ symbol can be used to indicate trademarks."
"The ® symbol is only for use by the owner of a trademark that has been registered."
"under the reign of Henry III of England requiring all bakers to use a distinctive mark for the bread they sold."
"The first modern trademark laws emerged in the late 19th century."
"In France, the first comprehensive trademark system in the world was passed into law in 1857."
"The Trade Marks Act 1938 of the United Kingdom...permitting registration based on 'intent-to-use', creating an examination based process, and creating an application publication system."
"The 1938 Act...contained other novel concepts such as 'associated trademarks', a consent to use the system, a defensive mark system, and a non claiming right system."
"The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to indicate trademarks."
"The ™ symbol can be used to indicate trademarks."
"The ® symbol is only for use by the owner of a trademark that has been registered."