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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 ...
The Lanham (Trademark) Act (Pub. L. 79–489, 60 Stat. 427, enacted July 5, 1946, codified at 15 U.S.C. § 1051 et seq. (15 U.S.C. ch. 22) is the primary federal trademark statute in the United States. In other words, the Act is the primary statutory foundation of United States trademark law at the federal level.
e. A trademark (also written trade mark or trade-mark[ 1 ]) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others. [ 2 ][ 3 ] A trademark owner can be an individual, business organization, or any legal entity.
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. [ 1 ][ 2 ] There are many types of intellectual property, and some countries recognize more than others. [ 3 ][ 4 ][ 5 ] The best-known types are patents, copyrights, trademarks, and trade secrets.
An unregistered trademark or common law trademark is an enforceable mark created by a business or individual to signify or distinguish a product or service. It is legally different from a registered trademark granted by statute. As with registered trademarks, a common law trademark utilizes graphics, images, words or symbols, or a combination ...
Trademark distinctiveness. Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently ...
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