trademark

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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 ?
It is essential to protect European trade marks - which often have a global reputation - against the growing problem of counterfeits," added Barnier.
Ms Bearfield added that people often believed that if they registered their trade mark in Europe that they were covered in other parts of the world too, but that was not the case.
Article 8(5) of Regulation No 40/94 provided that "upon opposition by the proprietor of an earlier trade mark within the meaning of paragraph 2, the trade mark applied for shall not be registered where it is identical with, or similar to, the earlier trade mark and is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered, where in the case of an earlier Community trade mark the trade mark has a reputation in the Community and, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concerned and where the use without due cause of the trade mark applied for would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark.
uk/northeast includes a number of useful guides to help companies looking to register a trade mark.
Amanda added: "The first stage was to carry out an initial trade mark search which revealed two similar trade marks PReSource and Source registered in relation to similar goods and services.
So "The Taxi Company" for a taxi business would not be a strong brand, or registerable as a trade mark.
Kate Cruse, a UK and European trade mark attorney based at the Liverpool office, said that as a firm, Forresters looks out for and supports young entrepreneurs.
Such trade mark registrations would avoid costly recovery actions via litigation against rogue OEMs or third parties who might misappropriate your trade marks.
Both where a business is based and the geographical scope of its customer base will impact on the jurisdictions in which its trade marks and what trade marks should be protected.
Draft reforms of EU legislation on registering national and European trade marks still have some way to go before being adopted, the member states' competitiveness ministers have shown in a status report(1) - underlining conflicts between member states and the Commission - published on 2 December in Brussels.
Rights holders can submit their trade mark information and protect their trade marks either through: