A trademark provides legal protection for a word, symbol, phrase, logo, design, or combination of those that represent a source of goods or services. Almost anything can be a trademark if you indicate the source of your products and services. It can be a word, a slogan, a design, or a combination of these. It can even be a sound, a scent, or a color.
See also service mark, collective mark, certification mark, trade name.
trademarkscan be of various types; service marks, collective marks, certification marks, etc. Whatever the type of trademark, the purpose of the mark is the same; distinguish the source of the products or services and guarantee consumers the quality of the product or service. The WIPO Arbitration and Mediation Center provides trademark owners with effective international mechanisms to resolve disputes over Internet domain names corresponding to their trademark rights.
The Tariff Act of 1930 makes it illegal to import into the United States any foreign-made merchandise if such merchandise or its packaging bears a registered trademark owned by a U. But trademarks may also consist of drawings, symbols, three-dimensional features such as the shape and packaging of products, non-visible signs, such as sounds or fragrances, or shades of color used as distinctive features, the possibilities are almost limitless. A trademark is a word, name, symbol, or device or combination of these that is used to identify and distinguish the origin of that product. The Madrid system for international trademark registration provides a single procedure for registering a trademark in several territories.
Before reading this section, watch the following overview video that covers the four types of trademarks and what they are used for, the topic of trademarks, and why trademarks are important not only to their owners, but also to the general public. Treaties administered by WIPO, together with national and regional laws, constitute the international legal framework for trademarks. A collective mark is a trademark used to indicate membership in an organization, association, or union. The second requirement, that a brand be distinctive, addresses the ability of a brand to identify and distinguish particular products as emanating from one producer or source and not from another.
The rules of practice governing federal trademark applications are codified by the Lanham Act and under Title 37, Part 2 of the Code of Federal Regulations (CFR). To achieve trademark status, instead of placing products bearing the trademark, the trademark holder must offer services, use the service mark as an identifier, in order to obtain protection. A company may have a particular trade name and manufacture a variety of products, each with different trademarks. In principle, service marks are exactly the same as trademarks, except that these words, names, symbols, or devices identify and distinguish the source of a service.
Extravagant, arbitrary and suggestive trademarks are the strongest types of brands and are entitled to the greatest protection. When filing a trademark, the applicant may choose any of the above-mentioned types of marks based on the nature of the trademark.