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A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods ...
A trademark owner who confines his trademark usage to a certain territory cannot enjoin use of that trademark by someone else who in good faith established extensive and continuous trade in another territory where the plaintiff trademark owner's product is unknown. United Drug Co. v. Theodore Rectanus Co. 248 U.S. 90: Dec. 9, 1918: Substantive
Fair use of trademarks is more limited than that which exists in the context of copyright. Many trademarks are adapted from words or symbols that are common to the culture, as Apple, Inc. using a trademark that is based upon the apple. Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the ...
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Brand licensing is a well-established business, in both patents and trademarks.A concept established in British business, the world's first licensed character was a soft toy of Peter Rabbit, a fictional character created by Beatrix Potter and patented in 1903, to be sold alongside the first public edition of The Tale of Peter Rabbit.
These types of simple logos are considered "public domain", meaning that anyone can use it – although the way that people can use a public domain logo may still be restricted by trademark law. Most basically, if a logo is used to identify a business/organization/product, then you are not allowed to use that logo to identify or refer to ...
A wordmark logo (also called a lettermark or a lettermark logo) is a type of logo, not a type of wordmark, [citation needed] which consists of just text set in a particular style, such as a typeface or color, without other graphical features. [citation needed] For example, the SONY logo contains only the name in uppercase, set in a particular ...
The EU trade mark may also take the form of a collective trade mark: properly applied, the regulation governing the use of the collective trade mark guarantees the origin, the nature and the quality of goods and services by making them distinguishable, which is beneficial to members of the association or body owning the trade mark.
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