Trademark

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Related to Trade-mark: copyright, Trademark registration

Trademark

A distinctive name or symbol used to identify a product or company and build recognition. Trademarks may be registered with the US Patent and Trademark Office.

Trademark

A logo, insignia, or other distinctive sign identifying a company, product, or anything else. A trademark may be registered with a country's patent office and is protected from duplication. An example of a trademark is the unique check mark seen on Nike products. Trademarks are intangible assets because they can help build brand recognition and as such have value.

trademark

A distinctive proprietary emblem, insignia, or name that identifies a particular product or service. A trademark is an intangible asset that may be protected from use by others.
References in periodicals archive ?
"The result is that foreign registered trade-marks which are not inherently distinctive may well see their registration in Canada at risk in expungement proceedings unless they can show some degree of acquired distinctiveness through use in Canada."
A more interesting question is whether a single colour can serve as a trade-mark in and of itself.
As part of this campaign, Owens-Corning attempted to register a trade-mark which would prevent its competitors from using the colour pink in association with insulation products.
More recently, in 2008, Christian Laboutin, S.A., successfully registered a US trade-mark for the colour red applied to the outsole of a shoe.
While the historical Canadian perspective appears quite restrictive on colour trade-marks, changes to the Trade-marks Act (expected to come into force in early 2019) will be expanding the definition of a "trade-mark" to include, among other things, colours.
It is well established in trade-mark law that in order to be distinctive it is not necessary for the mark to distinguish the wares throughout Canada.
In addition to the analysis of the law on confusion and distinctiveness, J.Lemieux's explanation of the evidence and why it was insufficient to prove use is very instructive to counsel when preparing affidavits in both court and Trade-mark Opposition Board actions and to trade-mark owners in terms of their retention of business records.
The Court's comments also provide some guidance for trade-marks owners, specifically: retain records of the use of owned trade-marks in perpetuity and ensure that such specimens are dated and remember that marketing information is insufficient to establish the use of a trade-mark in association with wares.