What is a Trademark?
Generally speaking, a trademark is a word or words, a symbol or design, or a combination of all of those, used to distinguish the products and/or services of one party from those of another in the marketplace. A trademark must be distinctive, that is, it must be able to differentiate the products or services of the owner from those of other persons. With consumers today becoming more and more “brand loyal”, trademarks have become one of the most valuable assets of a company. Where trademarks once use to identify the source of products and/or services only, they now also represent the reputation or goodwill of the business providing such products and services.
A trademark (TM) typically consists of a word or words, or a logo (which may include words) that identifies the source of goods and/or services. Examples of words in marks include certain trade names (names under which a company does business), the names of certain brands or products, and certain slogans. Trademark law defines the property right to use a mark in connection with a type (or types) of goods and/or services. Trademarks comprise one area of intellectual property law; other areas are copyrights, which protect original artistic or literary works or compositions, and patents, which protect inventions. Enforcement of trademark law allows businesses to build a reputation with the public, without interference from counterfeiters; in turn, this protects consumers from being deceived into mistaking lesser-quality imitations for the genuine goods or services.
A trademark is a word, symbol, slogan or device (design) that identifies the goods and services of one party and distinguishes them from those of another. As well as identifying the goods and services with which it is associated, a mark serves as a guarantee of quality. Over the years, the practical definition of a trademark has expanded continually. Initially only words, numbers and designs were considered to be able to function as marks. Over the years, however, the definition of a trademark has been expanded by judicial decisions to include: configurations of the goods themselves, containers for the goods, colors, fragrances, decor and ambience (for restaurants).
A trademark is any name, logo, shape, color, sound or even smell which is used to send a message to attract potential customers and distinguishes the source of goods from those of others. Any business that uses a name, in advertising or on its web page to attract its customers or identify its goods has entered the realm of trademark law.
