Trademark is a word or words, a name, a design, a picture, a sound, or any other symbol that distinguishes the products of one company from those of another. A trademark also may consist of any combination of these identifications. Most trademarks appear on the product, on its container, or in advertisements for the product. A service mark identifies the source of a service rather than a product. For example, an electric company may use a light bulb as a symbol of the service it offers to its customers.
A strong trademark consists of a word that has no recognizable meaning, such as Kodak. Strong trademarks receive broad protection from being used by other companies in a manner that is likely to cause confusion, mistake, or deception.
Weak trademarks consist of a common word, such as Premier, or a word that suggests some characteristic of the product, such as Wet ‘n Wash. They receive less protection, unless the public identifies them with a certain manufacturer as a result of wide advertising and long, continuous use.
Trademarks, also called brand names, provide an easy way to determine who makes a certain product. They help consumers identify brands they liked in the past so they can purchase them again. A trademark represents the manufacturer’s reputation, called good will.
Most countries have laws that protect the rights of trademark owners. A firm must establish its rights in each country in which it seeks protection.
In the United States,
the first company to use a trademark has certain rights to that trademark. The firm may prevent others in the same geographic area from using the same trademark or a similar one for related products. But unless the trademark is very strong, its owner cannot prevent other firms from using the trademark for unrelated products or in another area where it would not cause confusion. In addition to companies, individuals, partnerships, and other legal entities may hold trademark rights.
Trademark rights are not limited in duration. These rights, which form part of the broader law of unfair competition, protect the good will of the trademark owner. They also protect the public from fraud and deceit. Violation of trademark rights is called infringement. An infringing trademark is one that is likely to confuse or deceive consumers because of its similarity to a trademark in use.
A company may register its trademark in each state in which it uses the trademark. Trademarks also may be registered in the U.S. Patent and Trademark Office in Alexandria, Virginia. Registration of a trademark serves as notice to everyone of a company’s claim of ownership. A trademark owner does not have to register the mark to sue for infringement. But registration gives the owner much stronger rights if a suit is brought.
In other countries,
trademark laws differ from those of the United States. Many governments allow a company to register a trademark before using it. Some require registration before any trademark rights can be enforced.
