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 ?
"Regarding trade marks, if the withdrawal agreement is agreed, that will ensure continuation of pan-EU trade mark rights," explains GlenAllachie finance director Graham Stevenson.
"There is some uncertainty on how Brexit is going to affect intellectual property in the short, medium and longer term," says Stewart Cameron, director of Cameron Intellectual Property, a firm of patent and trade mark attorneys based in Glasgow.
Similarly, the Port of Leith Distillery (which hasn't even opened yet) tried to object to an attempt to register a trade mark for 'Leith Gin' by Birmingham-based Gleann Mor Spirits but was ultimately unsuccessful.
While product colours themselves are particularly difficult to protect, it may be possible to obtain trade mark and/or other IP protection for more unusual aspects of product branding and it is worth considering this too to maintain your competitive edge for branding elements which are particularly striking and unusual.
found nonfunctional signs to be used as trade marks too readily in
functional trade marks first requires an appreciation of how Australia,
* Or EU trade marks may cease to apply in the UK, leaving owners to apply for UK trade marks.
Applicants for new trade mark registrations may wish to apply for UK trade marks now in preference to, or in addition to, applications for EU trade marks.
Ms Cruse explained: "Brands are increasingly seen as a valuable asset and we strongly recommend that business owners protect their name and logo by registering their trade mark - good business management includes an IP plan.
While such businesses would have trade mark protection in the countries where sales of their products are made, they often neglect to consider trade mark protection in China thinking that it is only a manufacturing base, where products are shipped out upon manufacture.
Could the local manufacture in China be a trade mark infringement?
Ensure that you assert your rights in your brand - if your trade mark is registered you can use (r), if not you can use .