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The Basic Features Of A Trademark
by
Allan Ryckman
Trademark, also seen as trade-mark or trade mark, refers to an indicator that is used to distinguish an individual, organization, business or other legal entity from another. It helps the consumer identify where a product or service is coming from. Essentially, it is used to signal the original source of a service or product.
Trademarks are packaged in many different formats. Some may include a word, others a phrase. Symbols or logos may be used, or images or names. In some cases, it is a combination of multiple formats. These marks also apply non-traditional signals. These may include smell, shape, movement, color, sound or color combination.
Identifiers are also included with trade-marks to offer clarity. Three key identifiers applied: TM, R and S. When the TM letters are used, they indicate unregistered marks used to brand or promote goods. The letter R is placed inside a circle and applied as a basic mark for unregistered trade marks. SM is used to represent service march. This identifier is applied to unregistered marks that are used for promotion or branding of services.
Individuals who own rights to a registered mark are able to enforce legal action in situations where they feel that this property was infringed upon. In other words, when the mark has been used without authorization. Trademark is also a term that is used when referring to a specific characteristic of an individual that distinguishes he or she from others. This is often applied when speaking about a public figure.
As a whole, the primary reason for mark is to aid people in identifying original source of commercial goods or services. The law states that trademarks serve as property. They are source indicators. The rights exclusive to such marks are upheld via trademark infringement regulations. If markings are not used for a set time, often five years, they cease to exist. Rights attached to these marks are only valid with lawful usage of the markings.
To guarantee that legal protection is activated, a trademark has to be registered by law. Millions of marks are registered and in use. Those looking for a trade-mark may find it difficult to choose something original and reflective of their goods or services. Even unregistered marks can present an obstacle, as they can be protectable by law as well.
Marketing should be a focus when considering the final design or a mark. Generally speaking, these are most successful when they are simple, but still expressive of the product or service they are used to represent. As soon as the mark has been chosen, one should perform research to ensure that it is available for use. This may be done with or without professional aid from companies that know the ins and outs of related service and trade regulations.
Trademark is used to indicate source. This may be present in numerous formats, but it serves the same intention of identification of a service or product source. Marks are, by law, an element of property owned by those who have the rights over the mark. However, registration is required and the trade mark must be used in a lawful manner in order for these to be considered active and for exclusive rights to be issued.
Get a brief summary of the reasons why you should register your
trademark
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The Basic Features Of A Trademark