A trade mark is a word, phrase, slogan, symbol or design which may be used to identify the source of goods or services It acts like a badge and provides the holder with the exclusive right to use the mark for the holder's goods and services and prevent other persons or businesses from using the same mark for their own goods and services as a means of benefiting from the holder's existing business or goodwill Trade marks may be registered under statute or simply exist at common law
a trade mark is another of those rights, along with a patent and a copyright, which form that branch of the law known as intellectual property If someone carries on business using a particular device, mark, name, logo or design then they do so with the benefit of a trade mark Some trademarks are capable of registration, although there are strict rules as to what can and cannot be registered An attempt by someone to trade under the trade mark of another amounts to a passing off and is actionable in the courts
A trade mark can be a letter, number, word, phrase, sound, smell, shape, logo, picture, aspect of packaging or any combination of these, which is used to distinguish goods and services of one trader from those of another
Four marks used by merchants and other to identify their products and services: (1) true trademarks, (2) service marks, (3) collective marks, and (4) certification marks
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A device (word, name, image) that identifies the origin or ownership of merchandise to which it is applied Trademarks are legally reserved to the exclusive use of the owner of the trademark
According to the U S Patent and Trademark Office (PTO), "A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark " Although trademark registration with the PTO is not required to establish trademark rights, registration is advantageous in the case of conflict Unlike patent and copyright protection, trademark rights can potentially be of unlimited duration, lasting as long as the mark is in use by its owner
A distinctive symbol, slogan, logo, mark, emblem, stamp or device attached to or accompanying an article to indicate that it is manufactured, selected or sold by a particular person or company Can be registered •Intellectual Property