What is a Trademark?
• The term “trademark” as defined by Section 360 of the General Business Law means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods, even if that source is unknown.
A trademark is any word, phrase, symbol, design, sound, smell, color, product configuration, group of letters or numbers, or combination of these, adopted and used by a company to identify its products or services, and distinguish them from products and services made, sold, or provided by others. The primary purpose of trademarks is to prevent consumers from becoming confused about the source or origin of a product or service. Trademarks help consumers answer the questions: “Who makes this product?,” and, “Who provides this service?” As consumers become familiar with particular marks, and the goods or services they represent, marks can acquire a “secondary meaning,” as indicators of quality. Certain common words and geographical locations can also acquire secondary meaning and are afforded protection under the trademark law. “ARIZONA” is a geographical location, but it has also become a trademark for The University of Arizona. Trademarks help consumers answer another question: “Is this
A trademark is a word, name, symbol or other device that identifies the goods or services of a given person or company and distinguishes them from the goods or services of other persons or companies. Trademark law prevents you from using another’s trademark (such as the name of a musical group or artist) on your merchandise, because such use will cause consumers to believe that the trademark owner has made, approved of, or endorsed your merchandise. In short, a trademark is someone’s name/brand. For example, CafePress.com® is a registered trademark.
Trademark means any mark capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. Traditionally, the term, “trademark,” described only marks designating products, or “goods” (as opposed to services). However, the word is increasingly being used to describe any type of mark, not just traditional “trademarks.” These other marks are service marks and trade dress. Trademarks are generally defined as distinctive symbols, pictures, or words that sellers affix to distinguish and identify the origin of their products. Trademark status may also be granted to distinctive and unique packaging, color combinations, building designs, product styles, and overall presentations. It is also possible to receive trademark status for identification that is not on its face distinct or unique but which has developed a secondary meaning over time that identifies it with the product or seller. The owner of a trademark has
