Trademark

trademarkstrade marktrademarkedtrademark lawregistered trademarktrade markstrademark registrationregistered trade marktrade-marksmark
A trademark (also written trade mark or trade-mark ) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.wikipedia
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Intellectual property

intellectual property rightsIPintellectual property law
A trademark (also written trade mark or trade-mark ) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
The most well-known types are copyrights, patents, trademarks, and trade secrets.

Service mark

service marksservicemarkalternate name
A trademark (also written trade mark or trade-mark ) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.
A service mark or servicemark is a trademark used in the United States and several other countries to identify a service rather than a product.

Corporate identity

corporate imageidentitycorporate identities
For the sake of corporate identity, trademarks are often displayed on company buildings.
The corporate identity is typically visualized by way of branding and the use of trademarks, but it can also include things like product design, advertising, public relations etc. Corporate identity is a primary goal of the corporate communications, for the purpose to maintain and build the identity to accord with and facilitate the corporate business objectives.

Trade Marks Act 1994

Trade Marks Act 19381938 UK legislation
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 system, a defensive mark system, and non claiming right system.
The Trade Marks Act 1994 is the law governing trade marks within the United Kingdom and the Isle of Man.

Brand

brand namemarquebrands
A trademark identifies the brand owner of a particular product or service.
The key components that form a brand's toolbox include a brand's identity, brand communication (such as by logos and trademarks), brand awareness, brand loyalty, and various branding (brand management) strategies.

Trademark symbol

TMtrademark
The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to indicate trademarks; the latter is only for use by the owner of a trademark that has been registered.
The trademark symbol is a symbol to indicate that the preceding mark is a trademark.

Counterfeit consumer goods

knockoffcounterfeitknock-off
The unauthorized usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy.
Sellers of such goods may infringe on either the trademark, patent or copyright of the brand owner by passing off its goods as made by the brand owner.

Trademark infringement

infringementtrademarkunfair competition
The owner of a trademark may pursue legal action against trademark infringement.
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence).

United States trademark law

UStrademark lawfederal trademark
When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.
A trademark is a word, phrase, or logo that identifies the source of goods or services.

Non-conventional trademark

non-conventionalthree-dimensional trademarkthree-dimensional trademarks
There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on colour, smell, or sound (like jingles).
A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trade mark, and which is often difficult to register, but which may nevertheless fulfill the essential trademark function of uniquely identifying the commercial origin of products or services.

Registered trademark symbol

registered trademark®registered
The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to indicate trademarks; the latter is only for use by the owner of a trademark that has been registered.
The registered trademark symbol is a symbol that provides notice that the preceding word or symbol is a trademark or service mark that has been registered with a national trademark office.

International (Nice) Classification of Goods and Services

Nice AgreementInternational Classification of Goods and ServicesNice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks
Different goods and services have been classified by the International (Nice) Classification of Goods and Services into 45 Trademark Classes (1 to 34 cover goods, and 35 to 45 cover services).
International Classification of Goods and Services also known as the Nice Classification was established by the Nice Agreement (1957), is a system of classifying goods and services for the purpose of registering trademarks.

Logo

logotypecorporate logologo design
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.
At the level of mass communication and in common usage, a company's logo is today often synonymous with its trademark or brand.

Lanham Act

Trademark Act of 1946The Lanham ActLanham Trademark Act of 1946
The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks.
is the primary federal trademark statute of law in the United States.

Unregistered trademark

unregistered trade marktrademarkedtrademarks
An unregistered or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service.

Bass Brewery

BassBass plcBass Ale
Its pale ale was exported throughout the British Empire, and the company's distinctive red triangle became the UK's first registered trade mark.

Packaging and labeling

packagingpackage designpackaging design
A trademark may be located on a package, a label, a voucher, or on the product itself.
For consumer packaging, symbols exist for product certifications (such as the FCC and TÜV marks), trademarks, proof of purchase, etc.

Collective trade mark

collective marksCollective trade markscollective trademark
Specialized types of trademark include certification marks, collective trademarks and defensive trademarks.
A collective trademark, collective trade mark, or collective mark is a trademark owned by an organization (such as an association), used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.

United States Patent and Trademark Office

U.S. Patent and Trademark OfficeUSPTOU.S. Patent Office
While ™ can be used with any common law usage of a mark, ® may only be used by the owner of a mark following registration with the relevant national authority, such as the U.S. Patent and Trademark Office (USPTO or PTO).
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.

Trademark distinctiveness

generic namegeneric termgeneric
In most systems, a trademark can be registered if it is able to distinguish the goods or services of a party, will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers with respect to the qualities.
Trademark distinctiveness is an important concept in the law governing trademarks and service marks.

Trade-Mark Cases

In re Trade-Mark CasesU.S. v. Steffens
However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade.
The Trade-Mark Cases, 100 U.S. 82 (1879), were a set of three cases consolidated into a single appeal before the United States Supreme Court, which in 1879 ruled that the Copyright Clause of the Constitution gave Congress no power to protect or regulate trademarks.

Certification mark

Conformance marklabelquality mark
Specialized types of trademark include certification marks, collective trademarks and defensive trademarks.
Trademark laws in countries, such as the United States, Australia and others that provide for the filing of applications to register certificate marks also usually require the submission of regulations, which define a number of issues, including:

Generic trademark

genericized trademarkgenericizedgeneric
A trademark which is popularly used to describe a product or service (rather than to distinguish the product or services from those of third parties) is sometimes known as a genericized trademark.
A generic trademark, also known as a genericized trademark or proprietary eponym, is a trademark or brand name that, because of its popularity or significance, has become the generic name for, or synonymous with, a general class of product or service, usually against the intentions of the trademark's holder.

Aston v Harlee Manufacturing Co

Aston v Harlee
The intention to use a trademark can be proven by a wide range of acts as shown in the "Wooly Bull" and Aston v Harlee cases.
Aston v Harlee Manufacturing Co. is a significant legal decision involving Australian trademark law.

Trademark dilution

dilutiondilutedbrand dilution
Specialized types of trademark include certification marks, collective trademarks and defensive trademarks.
Trademark dilution is a trademark law concept giving the owner of a famous trademark standing to forbid others from using that mark in a way that would lessen its uniqueness.