Trademark

A trademark (Commonwealth English: trade mark){{an|styling}} is a distinctive sign of some kind which is used by a business to identify itself and its products and services to consumers, and to set the business and its products or services apart from those of other businesses. A trademark is a type of intellectual property, and in particular, a type of industrial property.

Establishing trademark rights — use and registration

The law considers a trademark to be a form of property. Proprietary rights in relation to a trademark may be established through actual use in the marketplace, or through registration of the mark with the trade marks office (or "trademarks registry") of a particular jurisdiction. In many jurisdictions, trademark rights can be established through either or both means. Certain jurisdictions generally do not recognise trademarks rights arising through use (eg. China), which limits the extent to which trademark owners can enforce their rights against infringement if they do not already hold registrations for their marks.

Related Topics:
Property - Proprietary - Right - Marketplace - Office - Jurisdiction - China - Infringement

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A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which is it registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorised use of the mark in relation to products or services which are similar to the "registered" products or services, and in certain cases, prevent use in relation to entirely dissimilar products or services.

Related Topics:
Bundle - Exclusive right - Exclusive

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Once trademark rights are established in a particular jurisdiction, these rights are generally only enforceable in that jurisdiction, a quality which is sometimes known as territoriality. However, there is a range of international trademark laws and systems which facilitate the protection of trademarks in more than one jurisdiction (see International trade mark laws below).

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