What is a trademark?

What is a trademark?

A trademark is a sign that help to identify and distinguish goods or services of one company from those of other companies. In this legal definition of a trademark, ‘sign’ and ‘distinguish’ are the two key words. A sign can be a word, phrase, symbol, or design, or a combination of words, phrases, symbols or designs. As long as a sign has a distinctive role, it may be regarded as a trademark.

Some signs are not able to distinguish goods or services for several reasons. A sign may consist of a word that may describe the product itself or some qualities or features for a product. Therefore, this type of sign cannot distinguish the product or service from the same products or services of other companies.

Originally distinctive sign may have become generic as a consequence of generic use of it. Some signs are so commonly used that the public cannot distinguish products or services from other ones, for this reason they are non-distinctive.

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