Was does trademark mean?

Gefragt von: Herr Dr. Antonio Reiter  |  Letzte Aktualisierung: 19. August 2021
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Als Marke wird ein rechtlich geschütztes Zeichen bezeichnet, das dazu dient, Waren, Produkte oder Dienstleistungen eines Unternehmens von konkurrierenden Waren, Produkten oder Dienstleistungen anderer Unternehmen zu unterscheiden.

What is the meaning of trademark?

The term trademark refers to a recognizable insignia, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark exclusively identifies a product as belonging to a specific company and recognizes the company's ownership of the brand.

What are examples of trademark?

The golden arches of McDonald's® is an example of a design that is a registered trademark.
  • The Nike® logo with the swoosh is a combination of a word and a design that is a registered trademark.
  • The format of the trademark you apply to register affects your application filing requirements.

Is a trademark for life?

Life of a trade mark

Your trade mark registration lasts for ten years from its filing date. You can renew your trade mark registration 12 months before your renewal is due, or up to six months after. You will need to pay extra fees if you renew after the due date.

Can anyone use TM symbol?

Anyone can use the TM on a symbol, phrase, word, or design. It indicates to competitors that the company using it stakes its claim on this particular design. Many companies also use it on their marks when the trademark application is in process with the USPTO.

What is a Trademark?

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Should I tm my logo?

Note that the TM symbol is not required to legally protect a logo from being copied (in the United States.) Merely doing business under a logo qualifies it as your unregistered trademark.

What is SM vs TM?

TM stands for trademark. A trademark is a mark that represents goods, like clothing or sunglasses. SM stands for service mark. Service marks are marks that represent services.

What names Cannot be trademarked?

What Can't Be Trademarked?
  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

How long does trademark last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

What Cannot be registered as a trademark?

The trademark as under are prohibited if it;

Possesses such nature which deceives the public. Contains any word or matter which is likely to hurt religious sentiments of any class of citizens of India. Contains scandalous or obscene content. Prohibited under the Emblems and Names (Prevention of Improper Use) Act.

What are the 3 types of trademarks?

Different Types of Trademarks
  • Descriptive Trademarks;
  • Merely Descriptive Trademarks;
  • Generic Trademarks;

Is Coca Cola a trademark?

The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. These are all things that help distinguish them from other cola brands and define their individual product. Coca-Cola also owns the patent on their formula.

What is Nike's trademark?

The Swoosh is the logo of American sportswear designer and retailer Nike. Today, it has become one of the most recognizable brand logos in the world, and the most valuable, having a worth of $26 billion alone. Bill Bowerman and Phil Knight founded Nike on January 25, 1964, as Blue Ribbon Sports (BRS).

What is the purpose of trademark?

What is the purpose of trademark law? The primary purpose of the trademark laws is to prevent unfair competition by applying a test of consumer confusion and providing rights and remedies to the owner of the trademark.

Can I buy a trademark?

Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate.

Why do companies use trademarks?

Trademarks are also used as a way of protecting consumers. ... To maintain a good reputation, trademarked companies will often work harder to provide quality services and products. Trademarks provide protection for both businesses and consumers, making them an important part of running a successful company.

Can I trademark any word?

Phrases, words, symbols, sounds, and even colors are all eligible for trademark protection. Anything that identifies your brand and is used to distinguish your company or goods/services from other companies can be trademarked.

Is it better to trademark or copyright a name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

Can you trademark an English word?

Common words and phrases can be trademarked if the person or company seeking the trademark can demonstrate that the phrase has acquired a distinctive secondary meaning apart from its original meaning. That secondary meaning must be one that identifies the phrase with a particular good or service.