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Related to Trade-mark: copyright, Trademark registration


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.


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



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.


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 ?
Lemieux determined that it was not necessary to address the issue of confusion if the first part of the test in Section 16(1) of the Trade-marks Act, that the mark in question had been used or made known in Canada at the relevant time, had not been established.
Since the United States courts analyze these issues on the basis of the right of commercial free speech under the First Amendment, a Canadian court would likely define a trade-mark owner's rights so as not to violate the right to freedom of expression under the Charter.
In order for a complainant to succeed in a UDRP proceeding, it must establish that: (i) it has rights in a trade-mark or trade name and the registrant's domain name is identical or confusingly similar to the complainant's mark or name; (ii) the registrant has no right or legitimate interest in the domain name; and (iii) the registrant registered and used the domain name in bad faith.
com> website is sponsored, affiliated or endorsed by the trade-mark owner.
One approach is to start with the anti-cybersquatting intent of the UDRP and to interpret "identical or confusingly similar" to mean that, whenever a domain name incorporates another's trade-mark, or a confusingly similar approximation, this factor is satisfied regardless of the other components of the domain name.
46) While Internet users are unlikely to believe that the trade-mark owner actually sponsors the site, it is likely that potential customers would visit the site, if only to satisfy their curiosity.
com> site may be mistaken for a trade-mark owner's official complaint site.
Thus, such users may believe that any name using the trade-mark is associated with the complaint.
50) Those decisions conclude that there is no confusing similarity between the trade-mark and the domain name because both common sense and the plain language of the UDRP support the view that a domain name combining the trade-mark with the word "sucks" or other such language clearly indicates that the domain name is not affiliated with the trade-mark owner.
A domain name with "truthabout-" before a trade-mark in a domain name was distinguished from "-sucks" names on the basis that the word "sucks" suggests critical commentary, whereas the phrase "truth about" has no such connotation and confuses Internet users by including the complainant's mark in its domain name.
Domain names comprising famous trade-marks combined with the word "nude" or "sex" are subject to an analysis similar to the "sucks" names, but UDRP panels are more likely than courts to find possible confusion, because words like "sex" are not as obviously dissociated from the trade-mark owner as "sucks".
com> where the website operator has no permission to use the trade-mark or trade name and criticizes the trade-mark or trade name owner.