What is a Trademark?

By Trademark Bazaar - 13th September 2017

What is a Trademark?

A trademark is a word, phrase, symbol, and/or design that identifies and differentiate the source of the goods of one party from those of others. Whereas, the service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Further, the article given below provides the explanation of various other aspects of Trademark.

How can trademark be protected?

A trademark can be protected in following ways-

The trademark can be registered under the common law of trademark protection. Through this, the applicant will be able to prevent others from using his mark if he can show that he used it first, but his trademark rights may be limited to the geographic areas where he carries out his business.

Things That Can be Registered as Trademark

Following things can be registered as a trademark -

  • Business name
  • A product name
  • Logo or label
  • A symbol or design
  • A sound
  • A product package

For how long does a trademark protection last?

A trademark registration once acquired is valid for 10 years only and is renewable for additional 10-year periods.

What right comes with trademark registration?

A trademark registration will provide an exclusive right to the holder of using the registered trademark. This implies that the trademark can be exclusively used by its owner, or licensed to another party for use in return for payment. 

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