trademark

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Related to Trade mark: Registered trademark

trademark,

distinctive mark placed on or attached to goods by a manufacturer or dealer to identify them as made or sold by that particular firm or person. The use of a trademark indicates that the maker or dealer believes that the quality of the goods will enhance his or her standing or goodwill, and a known trademark indicates to a buyer the reputation that is staked on the goods. Registration of a trademark is necessary in some countries to give exclusive right to it. In the United States, Canada, and Great Britain, the sufficient use of a trademark not previously used establishes exclusive right to it, but registration is provided as an aid in defending that right. In the United States trademarks are registered with the U.S. Patent and Trademark Office. Internationally, trademark registration is facilitated by the World Intellectual Property OrganizationWorld Intellectual Property Organization
(WIPO), specialized agency of the United Nations, with headquarters at Geneva. WIPO became an agency in 1974, but its roots go back to 1883 when the need for international protection of intellectual property prompted the Paris Convention
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, under the Madrid Protocol. Imitations of a trademark wrong both the owner of the trademark and the buyer, who is misled as to the source of goods, and such infringements of a trademark are punishable by law. Service marks, which are used on services (such as insurance or brokerages) rather than on products, are also covered by trademark laws.

Bibliography

See M. Wright, Inventions, Patents, and Trade-marks (2d ed. 1933); P. Meinhardt and K. Havelock, Concise Trade Mark Law and Practice (1983).

Trademark

 

a symbol placed on merchandise or packaging material by industrial or trade organizations to provide individualized identification of the merchandise and of its manufacturer or seller. Trademarks may consist of words, combinations of letters or numerals, or family names, or they may be descriptive, in the form of drawings, graphic symbols, or combinations of colors. They may also be three-dimensional, embodied in the shapes of articles or the packaging. A trademark is an object of industrial property. It serves to advertise the merchandise and guarantee its quality. Trademarks are used in both national and international trade.

The procedures for acquiring the rights to trademarks and for their use and protection are defined by national legislation and international agreements. For example, in the USSR the relevant legislation is the resolution of the Council of Ministers of the USSR of May 15, 1962, On Trademarks (approved Jan. 8, 1974, by the State Committee of the Council of Ministers of the USSR on Inventions and Discoveries). The most important international agreements are the 1883 Paris convention on the protection of industrial property and the 1891 Madrid convention on registration of trademarks, both of which have been ratified by the USSR.

In all socialist countries and most capitalist countries (such as the Federal Republic of Germany, France, Japan, Italy, and the Scandinavian countries), the exclusive right to a trademark is acquired through official registration (in the USSR, with the State Committee on Inventions and Discoveries). In some countries, such as Great Britain, the USA, and Switzerland, the right to use a trademark is acquired simply through its actual commercial use.

trademark

the name or other symbol used to identify the goods produced by a particular manufacturer or distributed by a particular dealer and to distinguish them from products associated with competing manufacturers or dealers. A trademark that has been officially registered and is therefore legally protected is known as a Registered Trademark
References in periodicals archive ?
Ensure that you assert your rights in your brand - if your trade mark is registered you can use (r), if not you can use .
Forresters specialises in all areas of intellectual property, including patents, trade marks, designs and copyright.
How do you mitigate the risk of your trade mark being hijacked by your local Chinese OEM or third parties in China?
There are several options when it comes to multi-jurisdictional trade marks filings.
com), the Uniform Dispute Resolution Process is a cost-effective way of dealing with abusive registrations that infringe trade mark rights.
Nestle objected but a representative of the registrar of trade marks ruled in favour of Cadbury after hearing legal argument.
It has been accepted ever since the decisions of the [European] Court of Justice [ECJ] in Silhouette International Schmied GmbH & Co KG v Hartlauer Handelsgesellschaft mbH (Case C-355/96) [1999] Ch 77 and Sebago Inc v GB-Unic SA (Case C-173/98) [2000] Ch 558, that the combined effect of articles 5 and 7(1) of the Directive is to confer on the trade mark proprietor the exclusive right to control the first marketing in the European Economic Area (EEA) of goods bearing his trade mark, even if they are genuine goods which have previously been put on the market by him or with his consent outside the EEA.
Mr Rice added: "Fundamentally trade marks are acceptable if they can be recognised as signs that differentiate your goods or services as different from someone else's and the Hearing Officer clearly thought that ours did.
In trade mark proceedings, each of these requirements is considered to be the component parts of the sign's distinctive character, meanwhile within the meaning of the Law of the Republic of Lithuania on Competition such component parts are not identified, hence it is possible to conclude that both the abstract capability of a sign to have a distinctive character and distinctiveness in respect of specific goods and services or an economic entity are viewed as distinctiveness of the sign.
For example, FIFA has registered 'World Cup 2010' as a European Community trade mark across a wide range of product sectors, and the FA has registered 'Three Lions' in both text and visual form to cover products as diverse as shampoos, keys and kitchen utensils.