Trademark

For other uses, see Trademark (disambiguation).
Intellectual property
Related topics
Higher categories:
Property and Property law

A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, or a combination that identifies a product or service from a particular source and distinguishes it from others.[1][2][3] Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity.[4][5] For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of the Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design.[6][4]

The primary function of a trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources.[7][8] Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others.[9][10]

Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition.[11] International agreements, such as the Paris Convention and the Madrid Protocol, simplify the registration and protection of trademarks across multiple countries.[12][13] Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow.[14][15][16]

  1. ^ "Trademark, patent, or copyright". www.uspto.gov. Retrieved 13 October 2024. A word, phrase, design, or a combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services.
  2. ^ "trademark". LII / Legal Information Institute. Retrieved 13 October 2024. A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.
  3. ^ "Trademarks". WIPO. Retrieved 13 October 2024. A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.
  4. ^ a b Cite error: The named reference :24 was invoked but never defined (see the help page).
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  7. ^ "Likelihood of confusion". www.uspto.gov. Retrieved 27 October 2024. Your trademark is how customers recognize your goods or services in the marketplace and distinguish your goods or services from your competitors. If your trademark is confusingly similar to another trademark and the goods and services are related, consumers are likely to mistakenly believe these goods or services come from the same source. This is known as a likelihood of confusion, and it's the most common reason for refusing registration.
  8. ^ "trademark infringement". LII / Legal Information Institute. Retrieved 27 October 2024. Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods.
  9. ^ Cite error: The named reference :10 was invoked but never defined (see the help page).
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  11. ^ Cite error: The named reference :26 was invoked but never defined (see the help page).
  12. ^ Cite error: The named reference :27 was invoked but never defined (see the help page).
  13. ^ Cite error: The named reference :16 was invoked but never defined (see the help page).
  14. ^ "Trade Policy". United States Patent and Trademark Office (USPTO). Retrieved 27 October 2024.
  15. ^ "WTO: agreement on trade-related aspects of intellectual property | EUR-Lex". eur-lex.europa.eu. Retrieved 27 October 2024.
  16. ^ "WTO | intellectual property - overview of TRIPS Agreement". www.wto.org. Retrieved 27 October 2024.