trade mark


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Related to trade mark: Registered trademark

trade mark

a symbol (a word or pictorial representation) which is used by a business as a means of identifying a particular good or service so that it may be readily distinguished by purchasers from similar goods and services supplied by other businesses. See BRAND NAME.

In the UK, under the Trade Marks Act 1938 and the Trade Marks (Amendments) Act 1984, trade marks can be registered with the PATENT OFFICE. Registration of a trade mark confers a statutory monopoly in the use of that mark in relation to the products for which it is registered, and the registered owner has the right to sue in the courts for infringement of the mark. In order to qualify for registration, a trade mark must be judged by the Patent Office to be uniquely distinctive (i.e. non-identical or confusable with symbols used by other traders).

Trade marks protect the registered owner from unfair competition through piracy and they provide consumers with a means of unambiguously identifying the products of their choice.

trade mark

a symbol (a word or pictorial representation) that is used by a business as a means of identifying a particular good or service so that it may be readily distinguished by purchasers from similar goods and services supplied by other businesses. See BRAND. In the UK, under the Trade Marks Act 1938 and the Trade Marks (Amendments) Act 1984, trade marks can be registered with the PATENT OFFICE as a means of obtaining exclusive rights to the use of that mark.

Trade marks protect the registered owner from unfair competition from piracy and represent an important means of establishing PRODUCT-DIFFERENTIATION advantages over rival suppliers. They also provide consumers with a means of unambiguously identifying the products of their choice. See INTELLECTUAL PROPERTY RIGHTS.

References in periodicals archive ?
With Trade Mark Check you can find out instantly if somebody else has already applied to register the trade mark, and potentially save thousands of dollars in branding costs, says Rebecca James, IPONZ Trade Marks Manager.
For those relying entirely on EUTM applications on the basis of a trade mark strategy that, at the time, assumed continued UK membership of the EU, care is required, particularly for applications not yet granted.
Under the amended trade mark law, submission of motion marks, hologram trade marks and sound marks via multimedia format now enables examiners to see exactly what the creator of the mark intended.
Trade marks and design rights, on the other hand, are affected by Brexit, since new EU trade mark and registered design rights would no longer cover the UK post-Brexit.
A trade mark is legally defined as a badge of origin that enables consumers to identify where products come from and distinguish the products of one company from those of another.
B How Functionality Was Read into the Tests for Trade Mark Use
In addition, it is worth taking some initial legal advice from an experienced intellectual property lawyer at this point to see if your brand is capable of being registered as a trade mark. This could really pay dividends further down the line when it comes to commercialising your brand and creating value from it.
Summary: New Delhi [India], July 5 (ANI): The Centre on Wednesday clarified that in the context of the new Goods and Services Tax (GST), the five percent tax slab will be levied only on the supply of those goods whose brand name or trade name is on the Register of Trade Marks and is in force under the Trade Marks Act, 1999.
His expertise and experience will be a "welcome addition" to the team, according to trade mark partners Victor Caddy and Gareth Jenkins.
Applicants for new trade mark registrations may wish to apply for UK trade marks now in preference to, or in addition to, applications for EU trade marks.
Now Forresters has chosen to support Angel and her business by providing free trade mark and copyright advice.
Lucy Johnson, pictured, who qualified as a UK and European trade mark attorney in March 2012, has been appointed trade mark agent.