OSE Trademarks: Difference between revisions

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A '''trademark''', '''trade mark''', or '''trade-mark'''<ref>The styling of ''trademark'' as a single word is predominantly used in the United States and Philippines only, while the two-word styling ''trade mark'' is used in many other countries around the world, including the European Union and Commonwealth and ex-Commonwealth jurisdictions (although Canada officially uses ''trade-mark'' pursuant to the ''Trade-mark Act'', ''trade mark'' and ''trademark'' are also commonly used).</ref> is a distinctive [[sign (semiotics)|sign]] or indicator used by an individual, [[business organizations|business organization]], or other [[Juristic person|legal entity]] to identify for [[consumer]]s that the [[Good (economics and accounting)|product]]s or [[Service (economics)|services]] on or with which the trademark appears originate from a unique source, designated for a specific market,<ref>http://www.cbp.gov/xp/CustomsToday/2002/February/other/christmas.xml</ref> and to distinguish its products or services from those of other entities.
A '''trademark''', '''trade mark''', or '''trade-mark''' is a distinctive sign or indicator used by an individual, business organizations, or other legal entity to identify for consumers that the products or services on or with which the trademark appears originate from a unique source, designated for a specific market, and to distinguish its products or services from those of other entities.


A trademark may be designated by the following symbols:
A trademark may be designated by the following symbols:
*'''[http://en.wikipedia.org/wiki/Trademark_symbol ™]''' (for an [[unregistered trade mark]], that is, a mark used to promote or brand goods)
*'''[http://en.wikipedia.org/wiki/Trademark_symbol ™]''' (for an unregistered trade mark, that is, a mark used to promote or brand goods)
*'''[http://en.wikipedia.org/wiki/Service_mark_symbol ℠]''' (for an unregistered [[service mark]], that is, a mark used to promote or brand services)
*'''[http://en.wikipedia.org/wiki/Service_mark_symbol ℠]''' (for an unregistered service mark, that is, a mark used to promote or brand services)
*'''[http://en.wikipedia.org/wiki/%C2%AE ®]''' (for a registered trademark)
*'''[http://en.wikipedia.org/wiki/%C2%AE ®]''' (for a registered trademark)


A trademark is typically a name, word, phrase, [[logo]], [[symbol]], design, image, or a combination of these elements.<ref name="Restatement 1995">Restatement (Third) of Unfair Competition § 9 (1995)</ref> There is also a range of [[non-conventional trademark]]s comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.
A trademark is typically 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, such as those based on color, smell, or sound.


The owner of a trademark may initiate [[lawsuit|legal proceedings]] for [[trademark infringement]] to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. A few countries, including the United States and Canada, also recognize common law trademark rights, which means action can be taken to protect a trademark that is in use but not registered. Generally, common law trademarks do not offer the holder as much legal protection as registered trademarks.
The owner of a trademark may initiate lawsuit|legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. A few countries, including the United States and Canada, also recognize common law trademark rights, which means action can be taken to protect a trademark that is in use but not registered. Generally, common law trademarks do not offer the holder as much legal protection as registered trademarks.
 
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 trademark law|United States]].<ref name="Restatement 1995"/>

Revision as of 14:10, 28 August 2012

A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organizations, or other legal entity to identify for consumers that the products or services on or with which the trademark appears originate from a unique source, designated for a specific market, and to distinguish its products or services from those of other entities.

A trademark may be designated by the following symbols:

  • ™ (for an unregistered trade mark, that is, a mark used to promote or brand goods)
  • ℠ (for an unregistered service mark, that is, a mark used to promote or brand services)
  • ® (for a registered trademark)

A trademark is typically 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, such as those based on color, smell, or sound.

The owner of a trademark may initiate lawsuit|legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark as a precondition for pursuing this type of action. A few countries, including the United States and Canada, also recognize common law trademark rights, which means action can be taken to protect a trademark that is in use but not registered. Generally, common law trademarks do not offer the holder as much legal protection as registered trademarks.

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