What are Trademarks?
Trademarks are unique words, names, symbols, or devices used to distinguish goods or services from that of others and are granted by the U.S. Patent and Trademark Office to persons in commerce. Trademarks cannot be used on competitive products. Trademark protection lasts as long as the owner uses the trademark.
A trademark is a brand name or logo. Some countries allow the shape, colour and even the smell to be registered that can be associated with a product or service with a company or person. Brand names or logos that are associated to a service with a particular company are sometimes called “service marks”. These service marks are governed under the umbrella of trademarks. Some countries allow fragrances, colours and shapes or a product to be registered. By obtaining a trademark you have the right to prevent others from using the same or a similar mark on the same or similar products or services. The duration of a trademark is indefinite or as long as you wish. A trademark protects the owner from unfair competition, forgery, and protects the goodwill of a business. It also a means for a consumer to identify a service or product. Within the UK, trademarks come in two forms. Registered trademarks and common law rights.
A trademark is a brand name or logo. Some countries allow the shape, colour and even the smell to be registered that can be associated with a product or service with a company or person. Brand names or logos that are associated to a service with a particular company are sometimes called “service marks”. These service marks are governed under the umbrella of trademarks. Some countries allow fragrances, colours and shapes or a product to be registered. By obtaining a trademark you have the right to prevent others from using the same or a similar mark on the same or similar products or services. The duration of a trademark is indefinite or as long as you wish. A trademark protects the owner from unfair competition, forgery, and protects the goodwill of a business. It also a means for a consumer to identify a service or product. Within the UK, trademarks come in two forms. Registered trademarks and common law rights.
Trademarks fall into two general categories: marks that identify goods or products (known as trademarks) and marks that identify services (known as service marks). Though you may occasionally see this distinction in action, these terms are, in fact, legally interchangeable, and the even more general term — mark — commonly is used to refer to both. In this book, we tilt towards the terms “trademark” and “mark” and seldom use “service mark.” Technically speaking, a trademark is any word, design, slogan, sound, or symbol (including nonfunctional unique packaging) that serves to identify a specific product brand — for instance, Xerox (a name for a brand of photocopiers), Just Do It (a slogan for a brand of sport shoes and sportswear), Apple’s rainbow apple with a bite missing (a symbol for a brand of computers), the name Coca-Cola in red cursive lettering (a logo for a brand of soft drink). A service mark is any word, phrase, design, or symbol that operates to identify a specific brand
