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Encyclopedia > Trademark
For guidelines on using trademarks within Wikipedia, see Wikipedia:Manual of Style (trademarks).
Intellectual property law
Primary rights
Sui generis rights
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A trademark or trade mark[1] is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. A trademark is a type of intellectual property, and typically comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories. TM, Tm or tm may stand for: Tmoney, a Koreas first smart card. ... Look up Trademark in Wiktionary, the free dictionary. ... Image File history File links This is a lossless scalable vector image. ... For the 2006 film, see Intellectual Property (film). ... Not to be confused with copywriting. ... For other uses, see Patent (disambiguation). ... Industrial design rights are intellectual property rights that protect the visual design of objects that are not purely utilitarian. ... A utility model is an intellectual property right to protect inventions. ... A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ... A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information used by a business to obtain an advantage over competitors within the same industry or profession. ... Related rights is a term in copyright law, used in opposition to the term authors rights. The term neighbouring rights is exactly equivalent, and a more literal translation of the original French droits voisins. ... A trade name, also known as a trading name or a business name, is the legal name of a business, or the name which a business trades under for commercial purposes. ... The term domain name has multiple related meanings: A name that identifies a computer or computers on the internet. ... Sui generis is a (post) Latin expression, literally meaning a scholar like what pradeep is or unique in its characteristics. ... Database rights are a form of exclusive right introduced by European Union Law to those countries which follow EU Law in 1996. ... A mask work is a two or three-dimensional layout of an integrated circuit (IC), i. ... Plant breeders rights, also known as plant variety rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant. ... In European Union member countries, a supplementary protection certificate (SPC) is a sui generis, patent-like, intellectual property right. ... Traditional knowledge (TK), indigenous knowledge (IK), and local knowledge generally refer to the matured long-standing traditions and practices of certain regional, indigenous, or local communities. ... In semiotics, a sign is generally defined as, ...something that stands for something else, to someone in some capacity. ... Business organizations is an area of law that covers the broad array of rules governing the formation and operation of different kinds of entities by which individuals can organize to do business. ... A juristic person is a legal fiction through which the law allows a group of natural persons to act as if it were a single composite individual for certain purposes. ... This article is about a term used in economics. ... Consumers refers to individuals or households that purchase and use goods and services generated within the economy. ... For the 2006 film, see Intellectual Property (film). ... This article does not cite any references or sources. ... 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...



The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorised use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand. It has been suggested that civil trial be merged into this article or section. ... Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation of the trademark owner or any licensees (provided that such authorization was within the scope of the license). ...


The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities.


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. It has been suggested that this article or section be merged into Trademark. ...

Contents

History of Trade Marks

Trade mark law is primarily derived from the English Common Law relating to Goodwill (business) and the tort of Passing off which has been recognised in England since at least 1585. GOodwill is really accouting term Goodwill is a concept used to refer to an individual or a businesss ability to exert influence within a community, club, market or another type of group, without having to resort to the use of an asset (such as money or property), either directly... Passing off is a common law tort which can be used to enforce unregistered trademark rights. ...


In the mid-19th century the Parliament of the United Kingdom recognised an increased use of standard marks as badges of origin. After appointing a select committee to investigate that business practice the Parliament passed the Merchandise Marks Act in 1862. The Act met with much criticism including that it confused the public and the legal fraternity who were used to the common law approach. In response the Parliament passed the Trade Mark Registration Act in 1875 which is widely recognised as the first system of trade mark registration.


As noted below, the system of registration of trade marks is now used throughout the world and has been incorporated into international law by, inter alia, the Madrid Protocol. The Madrid system for the international registration of marks, also conveniently known as the Madrid system or simply Madrid, is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. ...


Fundamental concepts

The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. The use of a trademark in this way is known as trademark use, and a trademark owner seeks to enforce its rights or interests in a trademark by preventing unauthorized trademark use. Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, while unregistered trademark rights may be enforced pursuant to the common law tort of passing off. In law, an exclusive right is the power or right to perform an action in relation to an object or other thing which others cannnot perform. ... It has been suggested that civil trial be merged into this article or section. ... Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation of the trademark owner or any licensees (provided that such authorization was within the scope of the license). ... Passing off is a common law tort which can be used to enforce unregistered trademark rights. ...


It is important to note that trademark rights generally arise out of the use and/or registration (see below) of a mark in connection only with a specific type or range of products or services. Although it may sometimes be possible to take legal action to prevent the use of a mark in relation to products or services outside this range (eg. for passing off), this does not mean that trademark law prevents the use of that mark by the general public. A common word, phrase, or other sign can only be removed from the public domain to the extent that a trademark owner is able to maintain exclusive rights over that sign in relation to certain products or services, assuming there are no other trademark objections. The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...


Terminology and symbols

Terms such as "mark", "brand" and "logo" are sometimes used interchangeably with "trademark". However, the terms "brands" and "branding" raise distinct conceptual issues and are generally more appropriate for use in a marketing or advertising context. A brand includes a name, logo, slogan, and/or design scheme associated with a product or service. ... This article does not cite any references or sources. ... For the magazine, see Marketing (magazine). ... “Advert” redirects here. ...


Specialized types of trademark include certification marks, collective trademarks and defensive trademarks. 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. If such a mark becomes synonymous with that product or service to the extent that the trademark owner can no longer enforce its proprietary rights, the mark has become generic. A certification mark is a type of trademark whereby a trader uses the mark to indicate the origin, material, mode of manufacture of products, mode of performance of services, quality, accuracy of other characteristics of products or services. ... Collective trade marks are trade marks owned by an organisation (such as an association), whose members use them to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organisation. ... Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. ... A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial or generic description for a particular class of product or service. ... Synonyms (in ancient Greek, συν (syn) = plus and όνομα (onoma) = name) are different words with similar or identical meanings. ... A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial or generic description for a particular class of product or service. ...


As any sign which is capable of performing the essential trademark function may qualify as a trademark, the trademark concept extends to include a range of non-conventional signs such as shapes (ie. three-dimensional trademarks), sounds, smells, moving images (eg. signs denoting movement, motion or animation), taste, and perhaps even texture. Although the extent to which non-conventional trademarks can be protected or even recognised varies considerably from jurisdiction to jurisdiction,[2] shape marks and sound marks are examples of non-conventional marks which are in the process of migrating out of this category. A sound trademark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services. ... This article does not cite any references or sources. ...


The symbol may be used when trademark rights are claimed in relation to a mark, but the mark has not been registered with the government trademarks office of a particular country or jurisdiction, while the ® is used to indicate that the mark has been so registered. It is not mandatory to use either symbol, although the force of convention is such that the symbols are widely used around the world. However, in various jurisdictions it is unlawful to use the ® symbol in association with a mark when that mark is not registered. Either symbol is typically placed in the top left- or right-hand corner of a mark. Registry has several meanings, all of which generally relate to its original or historical meaning as a written, official or formal record of information, or the place where such records are kept. ... For other uses, see Country (disambiguation). ... This article or section does not adequately cite its references or sources. ...


Entity references

The HTML entity for the symbol is ™, while the HTML entity for ® is ®. On a Microsoft Windows computer with American keyboard layout, alt+0153 types , while alt+0174 makes ®. On Macintosh computers, opt+2 for ™ and opt+r for ® (using US keyboard), and their Unicode encodings are 2122 in hexadecimal/8482 in decimal for ™ and 00AE in hexadecimal/174 in decimal for ®. HTML has been in use since 1991 (note that the W3C international standard is now XHTML), but the first standardized version with a reasonably complete treatment of international characters was version 4. ... Windows redirects here. ... For other uses, see Macintosh (disambiguation) and Mac. ... The Unicode Standard, Version 5. ... In mathematics and computer science, hexadecimal, base-16, or simply hex, is a numeral system with a radix, or base, of 16, usually written using the symbols 0–9 and A–F, or a–f. ... For other uses, see Decimal (disambiguation). ...


Establishing trademark rights — use and registration

The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office (or "trademarks registry") of a particular jurisdiction - e.g. US Patent and Trademark Office. In many jurisdictions, trademark rights can be established through either or both means. Certain jurisdictions generally do not recognise trademarks rights arising through use (e.g. China or European Union). If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited. This article or section does not cite any references or sources. ... Proprietary indicates that a party, or proprietor, exercises private ownership, control or use over an item of property, usually to the exclusion of other parties. ... In jurisprudence and law, a right is the legal or moral entitlement to do or refrain from doing something or to obtain or refrain from obtaining an action, thing or recognition in civil society. ... A marketplace is the space, actual or metaphorical, in which a market operates. ... Registry has several meanings, all of which generally relate to its original or historical meaning as a written, official or formal record of information, or the place where such records are kept. ... This article does not cite any references or sources. ... Trademark infringement is a violation of the exclusive rights attaching to a registered trademark without the authorisation of the trademark owner or any licensees (provided that such authorization was within the scope of the license). ...


A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorised use of the mark in relation to products or services which are similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services. The bundle of rights is a common way to explain the complexities of property ownership. ... In law, an exclusive right is the power or right to perform an action in relation to an object or other thing which others cannnot perform. ... In the description of a mathematical set, the term exclusive denotes that the endpoints of a range are not included within the set. ...


Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction, a quality which is sometimes known as territoriality. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction (see International trademark laws below).


Trademark search

To avoid conflicts with earlier trademark rights, it is highly recommended to conduct trademark searches before the trademarks office (or "trademarks registry") of a particular jurisdiction - e.g. US Patent and Trademark Office. In Europe and if a community trademark has to be filed, searches have to be conducted with the OHIM (Community Trademark Office) and with the various national offices. An alternative solution is to conduct a trademark search within private databases (for free search see Eurimark). Registry has several meanings, all of which generally relate to its original or historical meaning as a written, official or formal record of information, or the place where such records are kept. ... This article does not cite any references or sources. ...


Registrability and distinctive character

A trademark may be eligible for registration, or registrable, if amongst other things it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points.

  • A fanciful / inherently distinctive trademark is prima facie registrable, and comprises an entirely invented or "fanciful" sign. For example, "Kodak" had no meaning before it was adopted and used as a trademark in relation to goods, whether photographic goods or otherwise. Invented marks are neologisms which will not previously have been found in any dictionary.
  • An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. "Apple" for computers). Such marks consist of words or images which have some dictionary meaning before being adopted as trademarks, but which are used in connection with products or services unrelated to that dictionary meaning. For example, Salty would be an arbitrary mark if it used in connection with telephones, e.g. Salty Telephones, as the term "salt" has no particular connection with such products.
  • A suggestive trademark tends to indicate the nature, quality, or a characteristic of the products or services in relation to which it is used, but does not describe this characteristic, and requires imagination on the part of the consumer to identify the characteristic. Suggestive marks invoke the consumer’s perceptive imagination. An example of a suggestive mark is Blu-Ray, a new technology of high-capacity data storage.
  • A descriptive mark is a term with a dictionary meaning which is used in connection with products or services directly related to that meaning. An example might be Salty used in connection with saltine crackers or anchovies. Such terms are not registrable unless it can be shown that distinctive character has been established in the term through extensive use in the marketplace (see further below).
  • A generic term is the common name for the products or services in connection with which it is used, such as "salt" when used in connection with sodium chloride. A generic term is not capable of serving the essential trademark function of distinguishing the products or services of a business from the products or services of other businesses, and therefore cannot be afforded any legal protection. This is because there has to be some term which may generally be used by anyone—including other manufacturers—to refer to a product without using some organization's proprietary trademark. Marks which become generic after losing distinctive character are known as genericized trademarks.

It can be seen from the examples above that the distinctive character of a term is closely related to the products or services in relation to which the term is used. Look up prima facie in Wiktionary, the free dictionary. ... Eastman Kodak Company (NYSE: EK) is a large multinational public company producing photographic equipment. ... A neologism (Greek νεολογισμός [neologismos], from νέος [neos] new + λόγος [logos] word, speech, discourse + suffix -ισμός [-ismos] -ism) is a word, term, or phrase which has been recently created (coined) — often to apply to new concepts, to synthesize pre-existing concepts, or to make older terminology sound more contemporary. ... For other uses, see Dictionary (disambiguation). ... Apple Inc. ... For other uses, see Salt (disambiguation). ... A marketplace is the space, actual or metaphorical, in which a market operates. ... A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial or generic description for a particular class of product or service. ...


A general method for assessing the distinctive character of a mark is to consider a consumer's reaction to a mark. The mark may only be inherently registrable if the consumer has never encountered the mark before. On the other hand, the mark is unlikely to be inherently registrable if it informs him about any characteristic of the relevant products or services (eg. whether they are delicious, large, spicy, black or sweet, in the case of fruit). In any other case the mark may not be registrable.


Another example of a descriptive mark would be a geographical word or phrase that merely indicates the origin of the product or service. For example, Houston based ice cream might find that the name "Houston ice cream" is denied trademark protection on the grounds that the word Houston is merely descriptive. However, they might have better luck with the name "North Pole ice cream". In the latter case, although North Pole is a geographical location, the ice cream is not actually made at the North Pole, and no reasonable person would assume that the phrase North Pole is literally descriptive.[3] “Houston” redirects here. ... Missing image Ice cream is often served on a stick Boxes of ice cream are often found in stores in a display freezer. ... For other uses, see North Pole (disambiguation). ...


Therefore marks that identify or describe a product or service, or that are in common use, or that are used as geographical indications, generally cannot be registered as trademarks, and remain in the public domain for use by anyone. For example, a generic term such as "apple", or descriptive terms such as "red" or "juicy" could not be registered in relation to apples. A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ... The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...


Primary consideration in the selection and use of trademarks should be given to marks which are inherently distinctive, as they possess the strongest distinctive character and do not require evidence of use to establish acquired distinctiveness. A fanciful, arbitrary, or suggestive term can be inherently distinctive and registrable without proof of acquired distinctiveness. Although these categories are most easily applied in relation to trademarks comprising words, the same general principles are applied in relation to all kinds of trademarks. For example, a pine tree shape is descriptive when used on pine-scented products.


Acquired distinctiveness

A trademark with no distinctive character (ie. a mark which is not inherently distinctive) is prima facie unregistrable. However, most jurisdictions may still allow such marks to be registered if the trademark owner can demonstrate, typically by reference to evidence of use, that consumers in the marketplace exclusively associate the mark, as used on the identified goods or in connection with the identified services, with a particular commercial origin or source (ie. the trademark owner). "Use" may include authorised use by a licensee or other party. If the trade marks office is satisfied that the evidence demonstrates that a mark has "acquired" distinctive character as a matter of fact, then the mark may be accepted for registration on the basis of acquired distinctiveness. See De facto for the Latin expression DeFacto DeFacto were a dub reggae side project of Cedric Bixler Zavala, and Omar Rodriguez-Lopez of At The Drive-In, keyboardist Isaiah Ikey Owens, and soundman Jeremy Michael Ward. ...


The nature and extent of acceptable evidence of use varies between jurisdictions, although the most useful evidence usually includes sales figures, details of advertising and promotional expenditure, and examples of promotional material. Consumer surveys may also help establish that consumers chiefly associate an otherwise non-distinctive mark with the trademark owner and its products or services. Generally, evidence of use may only be acceptable or relevant if it covers a certain period of time (eg. three years prior to the filing date of the trademark application) and originates from within the jurisdiction where registration is sought.


The terminology of acquired distinctiveness is accepted in the European Union and Commonwealth jurisdictions such as Australia, Hong Kong and the United Kingdom, and the common law jurisdiction of the United States (which also uses the term secondary meaning). In the U.S., if a trademark has been used for a continuous period of at least five years after the date of registration, the right to use the mark and the registration may become "incontestable" (eg. invulnerable to cancellation for non-use, but not for becoming generic). In such cases the USPTO checks and confirm whether the request for incontestability meets formality requirements, but whether a registration is incontestable at law can only be determined during legal proceedings involving the registration. The Commonwealth of Nations as of 2006 Headquarters Marlborough House, London, UK Official languages English Membership 53 sovereign states Leaders  -  Queen Elizabeth II  -  Secretary-General Don McKinnon (since 1 April 2000) Establishment  -  Balfour Declaration 18 November 1926   -  Statute of Westminster 11 December 1931   -  London Declaration 28 April 1949  Area  -  Total... A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial or generic description for a particular class of product or service. ... PTO headquarters in Alexandria The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent and trademark protection to inventors and businesses for their inventions and corporate and product identification. ...


Signs excluded from registration

Most jurisdictions totally exclude certain types of terms and symbols from registration as trademarks, including the emblems, insignia and flags of nations, certain organisations and the modern Olympic Games, marks which are deceptive as to the origin of their associated products or services (eg. as to their geographic origin), and marks comprising signs which are contrary to accepted principles of morality (eg. marks which are obscene). One high-profile example of the latter comprised a court challenge in England to the FCUK trademark used by clothing company French Connection UK. An emblem consists of a pictorial image, abstract or representational, that epitomizes a concept - often a concept of a moral truth or an allegory. ... ... It has been suggested that the section intro from the article Civil flag be merged into this article or section. ... This article needs to be cleaned up to conform to a higher standard of quality. ... The five Olympic rings were designed in 1913, adopted in 1914 and debuted at the Games at Antwerp, 1920. ... Morality (from the Latin manner, character, proper behaviour) has three principal meanings. ... Obscenity has several connotations. ... For other uses, see England (disambiguation). ... For other uses, see The French Connection. ... For other uses, see The French Connection. ...


Maintaining trademark rights — abandonment and genericide

Trademarks rights must be maintained through actual use of the trademark. These rights will diminish over time if a mark is not actively used. In the case of a trademark registration, failure to actively use the mark, or to enforce the registration in the event of infringement, may also expose the registration itself to removal from the register after a certain period of time.


All jurisdictions with a mature trademark registration system provide a mechanism for removal in the event of such non use, which is usually a period of either three or five years. The intention to use a trademark can be proven by a wide range of acts as shown in the Wooly Bull and Ashton v Harlee cases.


In the U.S., failure to use a trademark for this period of time, aside from the corresponding impact on product quality, will result in abandonment of the mark, whereby any party may use the mark. An abandoned mark is not irrevocably in the public domain, but may instead be re-registered by any party which has re-established exclusive and active use, and must be associated or linked with the original mark owner. Further, if a court rules that a trademark has become "generic" through common use (such that the mark no longer performs the essential trademark function and the average consumer no longer considers that exclusive rights attach to it), the corresponding registration may also be ruled invalid. The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ... A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial or generic description for a particular class of product or service. ...


For example, the Bayer company's trademark "Aspirin" has been ruled generic in the United States, so other companies may use that name for acetylsalicylic acid as well (although it is still a trademark in Canada). Xerox for copiers and Band-Aid for adhesive bandages are both trademarks which are at risk of succumbing to genericide in certain countries, which the respective trademark owners actively seek to prevent. In order to prevent marks becoming generic, trademark owners often contact those who appear to be using the trademark incorrectly, from web page authors to dictionary editors, and request that they cease the improper usage. The proper use of a trademark means using the mark as an adjective, not as a noun or a verb,[4][5][6][7] though for certain trademarks, use as nouns and, less commonly, verbs is common. For example, Adobe sent e-mails to many web authors using the term "photoshopped" telling them that they should only use the term "modified by Adobe® Photoshop® software." VeriPic likewise sends e-mails to reviewers using the term "VeriPic your digital photos" telling them that the proper usage of the term is "protected by the VeriPic® Digital Photo Lab® secured photo database software." Xerox has also purchased print advertisements declaring that "you cannot 'xerox' a document, but you can copy it on a Xerox Brand copying machine." Another popular example is the use of the word "frappuccino" by Starbucks customers to mean any blended coffee beverage, though employees are instructed to only say "frappuccino blended coffee" or "frappuccino blended cream" when referring to such drinks. Such efforts may or may not be successful in preventing genericism in the long run, which depends less on the mark owner's efforts and more on how the public actually perceives and uses the mark. In fact, legally it is more important that the trademark holder visibly and actively seems to attempt to prevent its trademark from becoming generic, regardless of real success. Bayer AG (IPA pronunciation //) (ISIN: DE0005752000, NYSE: BAY, TYO: 4863 ) is a German chemical and pharmaceutical company founded in Barmen, Germany in 1863. ... Aspirin, or acetylsalicylic acid (IPA: ), (acetosal) is a drug in the family of salicylates, often used as an analgesic (to relieve minor aches and pains), antipyretic (to reduce fever), and as an anti-inflammatory. ... A very old bottle of Aspirin Aspirin or acetylsalicylic acid is a drug in the family of salicylates, often used as an analgesic (against minor pains and aches), antipyretic (against fever), and anti-inflammatory. ... Xerox Corporation (NYSE: XRX) (name pronounced ) is a global document management company, which manufactures and sells a range of color and black-and-white printers, multifunction systems, photo copiers, digital production printing presses, and related consulting services and supplies. ... Band Aid can refer to: BAND-AID, a brand of adhesive bandage Band Aid, a musical ensemble raising money for famine relief. ... In grammar, an adjective is a word whose main syntactic role is to modify a noun or pronoun (called the adjectives subject), giving more information about what the noun or pronoun refers to. ... In linguistics, a noun or noun substantive is a lexical category which is defined in terms of how its members combine with other grammatical kinds of expressions. ... It has been suggested that Verbal agreement be merged into this article or section. ... Adobe Systems (pronounced a-DOE-bee IPA: ) (NASDAQ: ADBE) (LSE: ABS) is an American computer software company headquartered in San Jose, California, USA. Adobe was founded in December 1982[1] by John Warnock and Charles Geschke, who established the company after leaving Xerox PARC in order to develop and sell... Great Tit A photoshopped image of a pair of great tits created from the above image A photoshopped image created from a portrait of Leo Tolstoy and an illustration of the Battle of Bannockburn Photoshopping is the art and practice of digitally editing pictures with image editing software. ... This article does not cite any references or sources. ... For other meanings of the name Starbuck, see Starbuck. ...


Enforcing trademark rights

The extent to which a trademark owner may prevent unauthorized use of trademarks which are the same as or similar to its trademark depends on various factors such as whether its trademark is registered, the similarity of the trademarks involved, the similarity of the products and/or services involved, and whether the owner’s trademark is well known.


If a trademark has not been registered, some jurisdictions (especially Common Law countries) offer protection for the business reputation or goodwill which attaches to unregistered trademarks through the tort of passing off. Passing off may provide a remedy in a scenario where a business has been trading under an unregistered trademark for many years, and a rival business starts using the same or a similar mark. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In economics, a business is a legally-recognized organizational entity existing within an economically free country designed to sell goods and/or services to consumers, usually in an effort to generate profit. ... Look up reputation in Wiktionary, the free dictionary. ... Look up Goodwill in Wiktionary, the free dictionary. ... Not to be confused with torte, an iced cake. ... For other uses of this term please refer to the passing off disambiguation page. ...


If a trademark has been registered, then it is much easier for the trademark owner to demonstrate its trademark rights and to enforce these rights through an infringement action. Unauthorised use of a registered trademark need not be intentional in order for infringement to occur, although damages in an infringement lawsuit will generally be greater if there was an intention to deceive. It has been suggested that civil trial be merged into this article or section. ...


For trademarks which are considered to be well known, infringing use may occur where the use occurs in relation to products or services which are not the same as or similar to the products or services in relation to which the owner's mark is registered.


Limits and defenses to trademark

Trademark is subject to various defenses and limitations. In the United States, the fair use defense protects uses that would be otherwise protected by the First Amendment. In the United States, trademark law includes a fair use defense, sometimes called trademark fair use to distinguish it from the better-known fair use doctrine in copyright. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ...


Wrongful or groundless threats of infringement

Various jurisdictions have laws which are designed to prevent trademarks' owners from making wrongful threats of trademark infringement action against other parties. These laws are intended to prevent large or powerful companies from intimidating or harassing smaller companies.


Where one party makes a threat to sue another for trademark infringement, but does not have a genuine basis or intention to carry out that threat, or does not carry out the threat at all within a certain period, the threat may itself become a basis for legal action. In this situation, the party receiving such a threat may seek from the Court, a declaratory judgment; also known as a Declaratory Ruling. A declaratory judgment is a judgment of a court which declares what rights each party in a dispute should have, but does not order any action or result in any legal damages. ...


Other aspects

Public policy

Trademark law is designed to fulfill the public policy objective of consumer protection, by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate identification of products and services which meet the expectations of consumers as to quality and other characteristics. Public policy is a course of action or inaction chosen by public authorities to address a problem. ... Consumer protection is a form of government regulation which protects the interests of consumers. ...


Trademarks may also serve as an incentive for manufacturers, providers or suppliers to consistently provide quality products or services in order to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision in relation to the manufacture and provision of products or services supplied by a licensee, such “naked licensing” will eventually adversely impact on the owner’s rights in the trademark. For the Jurassic 5 album, see Quality Control (album) In engineering and manufacturing, quality control and quality engineering are involved in developing systems to ensure products or services are designed and produced to meet or exceed customer requirements. ...


By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to a loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods and/or services to the new owners to ensure continuity of the trademark.


Comparison with patents, designs and copyright

See also: Functionality doctrine

While trademark law seeks to protect indications of the commercial source of products or services, patent law generally seeks to protect new and useful inventions, and registered designs law generally seeks to protect the look or appearance of a manufactured article. Trademarks, patents and designs collectively form a subset of intellectual property known as industrial property because they are often created and used in an industrial or commercial context. In United States trademark law, the functionality doctrine prevents manufacturers from protecting specific features of a product by means of trademark law. ... For other uses, see Patent (disambiguation). ...


By comparison, copyright law generally seeks to protect original literary, artistic and other creative works. Not to be confused with copywriting. ...


Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to the same article. For example, the particular design of a bottle may qualify for copyright protection as a nonutilitarian [sculpture], or for trademark protection based on its shape, or the 'trade dress' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as a whole.


Drawing these distinctions is necessary but often challenging for the courts and lawyers, especially in jurisdictions such as the United States, where patents and copyrights will eventually expire into the public domain but trademarks do not. Unlike patents and copyrights, which in theory are granted for one-off fixed terms, trademarks remain valid as long as the owner actively uses and defends them and maintains their registrations with the applicable jurisdiction's trademarks office. This often involves payment of a periodic renewal fee. The public domain comprises the body of all creative works and other knowledge—writing, artwork, music, science, inventions, and others—in which no person or organization has any proprietary interest. ...


As a trademark must be used in order to maintain rights in relation to that mark, a trademark can be 'abandoned' or its registration can be cancelled or revoked if the mark is not continuously used. By comparison, patents and copyrights cannot be 'abandoned' and a patent holder or copyright owner can generally enforce their rights without taking any particular action to maintain the patent or copyright. Additionally, patent holders and copyright owners may not necessarily need to actively police their rights. However, a failure to bring a timely infringement suit or action against a known infringer may give the defendant a defense of implied consent or estoppel when suit is finally brought. It has been suggested that this article or section be merged with Estoppel (English law). ...


Dilution

Main article: Trademark dilution

A trademark is diluted when the use of similar or identical trademarks in other non-competing markets means that the trademark in and of itself will lose its capacity to signify a single source. In other words, unlike ordinary trademark law, dilution protection extends to trademark uses that do not confuse consumers regarding who has made a product. Instead, dilution protection law aims to protect sufficiently strong trademarks from losing their singular association in the public mind with a particular product, perhaps imagined if the trademark were to be encountered independently of any product (e.g., just the word Pepsi spoken, or on a billboard). Under trademark law, dilution occurs either when unauthorized use of a mark "blurs" the "distinctive nature of the mark" or "tarnishes it." Likelihood of confusion is not required. 15 U.S.C §§ 1127, 1125(c). Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. ... Pepsi Cola is a non-alcoholic carbonated beverage produced and manufactured by PepsiCo. ...


Sale, transfer and licensing of trademarks

In various jurisdictions a trademark may be sold with or without the underlying goodwill which subsists in the business associated with the mark. However, this is not the case in the United States, where the courts have held that this would "be a fraud upon the public". In the U.S., trademark registration can therefore only be sold and assigned if accompanied by the sale of an underlying asset. Examples of assets whose sale would ordinarily support the assignment of a mark include the sale of the machinery used to produce the goods that bear the mark, or the sale of the corporation (or subsidiary) that produces the trademarked goods. Look up Goodwill in Wiktionary, the free dictionary. ...


Most jurisdictions provide for the use of trademarks to be licensed to third parties. The licensor (usually the trademark owner) must monitor the quality of the goods being produced by the licensee to avoid the risk of trademark being deemed abandoned by the courts. A trademark license should therefore include appropriate provisions dealing with quality control, whereby the licensee provides warranties as to quality and the licensor has rights to inspection and monitoring.


Trademarks and domain names

The advent of the domain name system has led to attempts by trademark holders to enforce their rights over domain names that are similar or identical to their existing trademarks, particularly by seeking control over the domain names at issue. As with dilution protection, enforcing trademark rights over domain name owners involves protecting a trademark outside the obvious context of its consumer market, because domain names are global and not limited by goods or service. It has been suggested that this article be split into multiple articles. ...


This conflict was more easily resolved when the domain name user actually used his website to compete with the trademark owner. Cybersquatting, however, involves no such competition, but instead an unlicensed user registering the trademark as a domain name in order to pressure a payoff (or other benefit) from the lawful mark owner. Typosquatters—those registering common misspellings of trademarks as domain names—have also been targeted successfully in trademark infringement suits. Other types of domain name disputes include the so-called "gripe site," which use a registered trademark in a domain such as "[trademark]sucks.com." There are also disputes arising from the subdomain, when a third party uses a protected mark in a web address such as "[trademark].[legitimatedomain].com." [1] Cybersquatting, according to the United States federal law known as the Anticybersquatting Consumer Protection Act, is registering, trafficking in, or using a domain name with bad-faith intent to profit from the goodwill of a trademark belonging to someone else. ... An incorrectly entered URL could lead to a website operated by a cybersquatter. ... A Gripe Site is a web site created to criticize a company, the government, a person or a political figure. ... In the Domain Name System (DNS) hierarchy, a subdomain is a domain that is part of a larger domain. ...


This clash of the new technology with preexisting trademark rights resulted in several high profile decisions as the courts of many countries tried to coherently address the issue (and not always successfully) within the framework of existing trademark law. As the website itself was not the product being purchased, there was no actual consumer confusion, and so initial interest confusion was a concept applied instead. Infringing domain names were analogized to a sign identifying one store but falsely placed in front of another, in the hopes that customers will in the end not care that they were duped or will at least give up on trying to reach the right store. In addition, courts have upheld the rights of trademark owners with regard to commercial use of domain names, even in cases where goods sold there legitimately bear the mark. In the landmark decision Creative Gifts, Inc. v. UFO, 235 F.3d 540 (10th Cir. 2000)(New Mexico), Defendants had registered the domain name "Levitron.com" to sell goods bearing the trademark "Levitron" under an at-will license from the trademark owner. The 10th Circuit affirmed the rights of the trademark owner with regard to said domain name, despite arguments of promissory estoppel. Estoppel is a concept that prevents a party from acting in a certain way because it is not equitable to do so. ...


Most courts particularly frowned on cybersquatting, and found that it was itself a sufficiently commercial use (i.e., "trafficking" in trademarks) to reach into the area of trademark infringement. Most jurisdictions have since amended their trademark laws to address domain names specifically, and to provide explicit remedies against cybersquatters.


This international legal change has also led to the creation of ICANN Uniform Domain-Name Dispute-Resolution Policy (UDRP) and other dispute policies for specific countries (such as Nominet UK's DRS) which attempt to streamline the process of resolving who should own a domain name (without dealing with other infringement issues such as damages). This is particularly desirable to trademark owners when the domain name registrant may be in another country or even anonymous. ICANN headquarters ICANN (IPA /aɪkæn/) is the Internet Corporation for Assigned Names and Numbers. ... The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a document used by the Internet Corporation for Assigned Names and Numbers (ICANN) for the purpose of creating guidelines for use when disputes arise regarding the registration of internet names (domain names). ... Nominet UK is the . ... Delayed Reaction Syndrome, where a person has a long time to respond or react to an event. ...


Registrants of domain names also sometimes wish to register the domain names themselves (e.g., "XYZ.COM") as trademarks for perceived advantages, such as an extra bulwark against their domain being hijacked, and to avail themselves of such remedies as confusion or passing off against other domain holders with confusingly similar or intentionally misspelled domain names. For other uses of this term please refer to the passing off disambiguation page. ...


As with other trademarks, the domain name will not be subject to registration unless the proposed mark is actually used to identify the registrant's goods or services to the public, rather than simply being the location on the Internet where the applicant's web site appears. Amazon.com is a prime example of a protected trademark for a domain name central to the public's identification of the company and its products. Amazon. ...


Terms which are not protectable by themselves, such as a generic term or a merely descriptive term that has not acquired secondary meaning, do not become registrable when a Top-Level Domain Name (e.g. dot-COM) is appended to it. Examples of such domain names ineligible for trademark protection would be "SOFT.COM" (merely descriptive when applied to a product such as facial tissue), or "BANK.COM" (generic for banking services).


International trademark laws

It is important to note that although there are systems which facilitate the filing, registration or enforcement of trademark rights in more than one jurisdiction on a regional or global basis (eg. the Madrid and CTM systems, see further below), it is currently not possible to file and obtain a single trademark registration which will automatically apply around the world. Like any national law, trademark laws apply only in their applicable country or jurisdiction, a quality which is sometimes known as "territoriality".


Agreement on Trade-Related Aspects of Intellectual Property Rights

The inherent limitations of the territorial application of trademark laws have been mitigated by various intellectual property treaties, foremost amongst which is the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. TRIPS establishes legal compatibility between member jurisdictions by requiring the harmonisation of applicable laws. For example, Article 15(1) of TRIPS provides a definition for "sign" which is used as or forms part of the definition of "trademark" in the trademark legislation of many jurisdictions around the world. sometime u can For the 2006 film, see Intellectual Property (film). ... This does not cite any references or sources. ... The World Trade Organization (WTO), (OMC - Spanish: , French: ), is an international organization designed to supervise and liberalize international trade. ... The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) is a treaty administered by the World Trade Organization (WTO) which sets down minimum standards for forms of intellectual property (IP) regulation. ... In international law, harmonisation refers to the process by which different states adopt the same laws. ...


The Madrid system for the international registration of marks

Main article: Madrid system

The major international system for facilitating the registration of trademarks in multiple jurisdictions is commonly known as the "Madrid system". Madrid provides a centrally administered system for securing trademark registrations in member jurisdictions by extending the protection of an "international registration" obtained through the World Intellectual Property Organization. This international registration is in turn based upon an application or registration obtained by a trade mark applicant in its home jurisdiction. The Madrid system for the international registration of marks, also conveniently known as the Madrid system or simply Madrid, is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. ... The World Intellectual Property Organization (WIPO) (French: Organisation mondiale de la propriété intellectuelle or OMPI) is one of the specialized agencies of the United Nations. ...


The primary advantage of the Madrid system is that it allows a trademark owner to obtain trademark protection in many jurisdictions by filing one application in one jurisdiction with one set of fees, and make any changes (eg. changes of name or address) and renew registration across all applicable jurisdictions through a single administrative process. Furthermore, the "coverage" of the international registration may be extended to additional member jurisdictions at any time.


Trademark Law Treaty

The Trademark Law Treaty establishes a system pursuant to which member jurisdictions agree to standardise procedural aspects of the trademark registration process.


Community Trade Mark system

Main article: Community Trade Mark

The Community Trade Mark system is the supranational trademark system which applies in the European Union, whereby registration of a trademark with the Office for Harmonization in the Internal Market (Trade Marks and Designs) (i.e. OHIM, the trademarks office of the European Union), leads to a registration which is effective throughout the EU as a whole. The CTM system is therefore said to be unitary in character, in that a CTM registration applies indivisibly across all European Union member states. However, the CTM system did not replace the national trademark registration systems; the CTM system and the national systems continue to operate in parallel to each other (see also European Union trade mark law). A Community Trade Mark, or CTM, refers to any trademark which is pending registration or has been registered in the European Union. ... Supranationalism is a method of decision-making in international organizations, where power is held by independent appointed officials or by representatives elected by the legislatures or people of the member states. ... Categories: Stub | European Union law | Intellectual property organizations ... It has been suggested that this article or section be merged into European Union. ... European trade mark law is governed by national law in the countries which make up Europe, together with European Law within those European countries which are also EU member states. ...


Other systems

Other supranational trademark systems include the system in operation in Belgium, the Netherlands and Luxembourg, i.e.. Benelux. Location of Benelux in Europe Official languages Dutch and French Membership  Belgium  Netherlands  Luxembourg Website http://www. ...


Trademark law in different countries

For the trademark law which applies in a selection of other countries and jurisdictions, please refer to the following articles.

Australian trade mark law is based on the Trade Marks Act 1995 (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Tourism and Resources. ... Canadian trade-mark law provides protection to marks under the Canadian Trade-mark Act. ... European trade mark law is governed by national law in the countries which make up Europe, together with European Law within those European countries which are also EU member states. ... The trade mark law of Hong Kong is based on the Trade Marks Ordinance Cap. ... ... A trademark is a way for one party to distinguish themselves from another. ... Trademarks were traditionally protected in the United States only under State common law, growing out of the tort of unfair competition. ...

References

  1. ^ The styling of trademark as a single word is predominantly used in the United States, while the two word styling trade mark is used in many other countries around the world, including the European Union and Commonwealth and ex-ially uses trade-mark pursuant to the Trade-mark Act, trade mark and trademark are also commonly used).
  2. ^ In the European Union the smell of freshly cut grass has been registered in relation to tennis balls (registration no. 428870). As of June 2005 this is the only CTM registration for a smell trademark in the EU, although smell marks have been registered in jurisdictions within the EU, eg. a smell "reminiscent of roses" (UK reg. no. 2001416, in relation to tyres) and a "strong smell of bitter beer" (UK reg. no. 2000234, in relation to flights for darts). In the U.S., the sound of the roar of a lion has been registered as a sound trademark in relation to motion pictures by Metro-Goldwyn-Mayer, while NBC was first to register a sound trademark in the U.S. (ie. registration no. 0916522 for NBC's distinctive sequence of three-note chimes in relation to television broadcasting services).
  3. ^ Waters, Baldwin Shelston; Angela Sutton (July 2001). Trading on a good name. Findlaw.
  4. ^ How Do I Use a Trademark Properly?. Information and Publishing FAQ. International Trademark Association. Retrieved on 2006-09-03.
  5. ^ Always Use a Trademark as an Adjective, Followed by the Appropriate Noun Descriptor(s). Trademarks and Brands. 3Com Legal. Retrieved on 2006-09-03.
  6. ^ Permissions and trademark guidelines. Adobe. Retrieved on 2006-09-03.
  7. ^ Pullum, Geoffrey K.. A Guide to Proper Trademark Use. Retrieved on 2006-12-05.

2005 is a common year starting on Saturday of the Gregorian calendar. ... A Community Trade Mark (CTM) is any trademark which is pending registration or has been registered in the European Union as a whole (rather than on a national level within the EU). ... For other uses, see Lion (disambiguation). ... A sound trademark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services. ... For alternate meanings of MGM, see MGM (disambiguation). ... This article is about the television network. ... The NBC chimes of the National Broadcasting Company (NBC) radio network in the United States was/were the first ever audio trademark (and the first service mark of any kind, in as much as it denotes a non-tangible form of commerce) to be accepted by the U.S. Patent... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 246th day of the year (247th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 246th day of the year (247th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 246th day of the year (247th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 339th day of the year (340th in leap years) in the Gregorian calendar. ...

See also

Look up trademark in
Wiktionary, the free dictionary.
Wikibooks
Wikibooks has a book on the topic of
US Trademark Law

Wikipedia does not have an article with this exact name. ... Wiktionary (a portmanteau of wiki and dictionary) is a multilingual, Web-based project to create a free content dictionary, available in over 150 languages. ... Image File history File links Wikibooks-logo-en. ... Wikibooks logo Wikibooks, previously called Wikimedia Free Textbook Project and Wikimedia-Textbooks, is a wiki for the creation of books. ... It has been suggested that this article or section be merged into Trademark. ... Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. ... Trade dress refers to features of the visual appearance of a product or its packaging (or even the facade of a building such as a restaurant) that may be registered and protected from being used by competitors in the manner of a trademark. ... Passing off is a common law tort which can be used to enforce unregistered trademark rights. ...

Non-standard trademarks

A certification mark is a type of trademark whereby a trader uses the mark to indicate the origin, material, mode of manufacture of products, mode of performance of services, quality, accuracy of other characteristics of products or services. ... A chartered mark is a trademark or service mark which is given special statutory protection separate from the usual registration of trade marks and service marks. ... Collective trade marks are trade marks owned by an organisation (such as an association), whose members use them to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organisation. ... Dilution is a trademark law concept forbidding the use of a famous trademark in a way that would lessen its uniqueness. ... An electronic registration mark is a category of trademark that restricts the use of trademarked words and phrases in online advertising. ... A geographical indication (sometimes abbreviated to GI) is a name or sign used on certain products or which corresponds to a specific geographical location or origin (eg. ... It has been suggested that this article or section be merged with Protected geographical indications in the European Union. ...

Non-conventional / non-traditional trademarks

A colour trademark is a non-conventional trademark where at least one color is used to perform the trademark function of uniquely identifying the commercial origin of products or services. ... A hologram trademark is a non-conventional trademark where a picture sequence is used to perform the trademark function of uniquely identifying the commercial origin of products or services. ... A sound trademark is a non-conventional trademark where sound is used to perform the trademark function of uniquely identifying the commercial origin of products or services. ... This is an incomplete list of fictional items not listed under categories elsewhere, which have appeared in entertainment and other fictional media. ...

Other

A genericized trademark, generic trade mark, generic descriptor, or proprietary eponym, is a trademark or brand name which has become the colloquial or generic description for a particular class of product or service. ... Ghost marks are trade marks which closely simulate ordinary words or phrases used in the course of trade, and which are not intended to be used as genuine trade marks. ... The legal aspects of technology involve many different terms. ... The Madrid system for the international registration of marks, also conveniently known as the Madrid system or simply Madrid, is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. ... In English usage, a proper adjective is an adjective that takes an initial capital letter. ... A trademark attorney or in the alternative spelling trade mark attorney, also known as a trademark lawyer if qualified as a lawyer, is a person who is qualified to act in matters involving trademark law and practice. ...

Related concepts

A brand includes a name, logo, slogan, and/or design scheme associated with a product or service. ... An emblem consists of a pictorial image, abstract or representational, that epitomizes a concept - often a concept of a moral truth or an allegory. ... This article does not cite any references or sources. ...

External links

Trademark Offices

See also: intellectual property organizations

Intellectual property organizations are international intergovernmental organizations that involve cooperation in the area of copyrights, trademarks and patents. ...

Trademark databases / searches

  • SurfIP Global IP Search Engine Unified trademarks, patents and design searches, over 20 different countries and growing
  • Australia IP Australia
  • Canada CIPO
  • European Union (CTM) OHIM
  • Europe (CTM and national registers) [2]
  • Republic of Ireland Irish Patent Office
  • Hong Kong HK IPD
  • World Intellectual Property Organisation (Madrid system) WIPO Madrid Express
  • United Kingdom UK Intellectual Property Office (search for trade mark text; other options available)
  • United States United States Patent and Trademark Office
  • Germany DPINFO Patent and Trademark Database
  • Estonia Estonia Patent Office
  • Welcome to the non-traditional Trademark Archives — the non-traditional trademarks archives of Ralf Sieckmann includes a data base of trademarks in the field of sound, smell, taste, texture, motion, holograms worldwide

Trademark organizations

  • INTA The International Trademark Association
  • WIPO World Intellectual Property Organisation
  • OHIM Office of the European Union

Trademark resources

  • "All about trademarks" by Gregory H. Guillot
  • What are the symbols TM and ®?
  • Common grounds for refusal (U.S.)
  • Directory of trade names in Webster's Online Dictionary (Rosetta Edition)
  • Fair Use of Trademarks by Lloyd L. Rich
  • Trademark FAQs by the International Trademark Association
  • IP Newsflash trademark caselaw and press ticker
  • USPTO Stopfakes.gov anti-piracy and IP resources for small business
  • The Basics - Trade Marks (U.K.) by Pinsent Masons
  • Law on marks and signs Switzerland (German | English)
  • IPKat weblog with trademark law case references, summaries and commentary
  • B & E IP Solution on Malaysia Trade Mark Application
  • Malaysian Trade Mark Registration process & FAQ
  • 10 Things Webmasters Should Know About ... Trade Marks
  • World-wide, Country-by-country IP Law summaries
  • Canadian Trademark Registration process & FAQ
  • What is the difference between the circled R, circled C, and TM symbols?

  Results from FactBites:
 
Trademark - Wikipedia, the free encyclopedia (4907 words)
If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited.
The proper use of a trademark means using the mark as an adjective, not as a noun or a verb [1] [2] [3], though for certain trademarks, use as nouns and, less commonly, verbs is common.
Trademark law is designed to fulfill the public policy objective of consumer protection, by preventing the public from being misled as to the origin or quality of a product or service.
Registered trademark - definition of Registered trademark in Encyclopedia (3780 words)
A trademark is 'protected' when a trademark owner may prevent or stop unauthorised third parties from using the same or confusingly similar marks, usually by relying upon the exclusive rights which result from holding a registration for the owner's trademark.
A trademark owner also uses trademark law to prevent unauthorised third party use of a mark which is identical to the owner’s mark, or which is so similar that use of the other party’s mark would result in a likelihood of confusion.
The proper use of a trademark means using the mark as a proper noun referring specifically to the product, or as an adjective, not as a generic noun or a verb.
  More results at FactBites »

 
 

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