OSE Trademarks
A trademark, trade mark, or trade-mark[1] is a distinctive sign or indicator used by an individual, business organization, 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,[2] 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.[3] 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 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.[3]
- ↑ 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).
- ↑ http://www.cbp.gov/xp/CustomsToday/2002/February/other/christmas.xml
- ↑ 3.0 3.1 Restatement (Third) of Unfair Competition § 9 (1995)