What is a trademark?

Do you realize that Trademarks have been around for a very long time?

➼ Surprising enough, “the first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857.

➼ The Trademarks Act 1938 of the United Kingdom changed the system, permitting registration based on “intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as “associated trademarks”, a consent to use the system, a defensive mark system, and a non claiming right system.

➼ So what is a trademark? Well according to the definition by Wikipedia “a Trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks”

➼ The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to indicate trademarks; the latter is only for use by the owner of a trademark that has been registered. “

➼ A trademark can be unregistered or registered.  The symbol ® can be used after the name to indicate a registered trademark. TM can be used after the name to indicate an unregistered trademark.

A web domain name is separate from an organization’s trademark and just because someone has a registered trademark it does not mean that they have the right to a web domain that includes their trademark. 

➼ Do famous Trademarks pop into your head?

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