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 ?
They include: removing the requirement for a trade mark to be presented graphically.
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.
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.
The classic OEM model is where a foreign trade mark proprietor authorizes a local Chinese manufacturer to manufacture products under the foreign trade mark proprietor's trade mark.
To ensure that others cannot take unfair advantage of the goodwill associated with this element of the brand, the name and logo should be adequately protected through trade mark registrations.
This area of the law is complex, and changes regularly - so expert advice from a trade mark attorney should always be sought.
National delegations have shown "strong support" for the modernisation project, but they have also pointed to certain "technical problems," particularly a serious disagreement with the Commission over the powers that will be granted to the Office for Harmonisation in the Internal Market (OHIM), based in Alicante in Spain, to communicate with national trade mark offices on the degree of harmonisation of national laws and on delegated acts', which the EU executive has proposed taking in hand.
Trade mark infringers and domain name squatters could be tempted to use the new system to file abusive domain name registrations--for example, someone other than Google applying for the .
Judge Colin Birss yesterday dismissed the main part of an appeal by Nestle after Cadbury successfully applied to register the colour purple "as a trade mark for chocolate".