Trademark law: Service mark, Trade dress, Protected Geographical Status, Trademark, Lamparello v. Falwell, Priority right, Genericized trademark, Rescuecom Corp. v. Google Inc., Trademark distinctiveness, Google

Source: Wikipedia. Pages: 58. Chapters: Service mark, Trade dress, Protected Geographical Status, Trademark, Lamparello v. Falwell, Priority right, Genericized trademark, Rescuecom Corp. v. Google Inc., Trademark distinctiveness, Google, Inc. v. American Blind & Wallpaper Factory, Inc., Cybersquatting, Geographical indication, Appellation d'origine contrôlée, Paris Convention for the Protection of Industrial Property, Certification mark, Trademark dilution, 1-800 Contacts, Inc. v. WhenU.com, Inc., List of trademarked open source software, Non-conventional trademark, Sound trademark, Madrid system, Trademark attorney, Reverse domain hijacking, Office for Harmonization in the Internal Market, Kembrew McLeod, Passing off, Typosquatting, Hologram trademark, Community Trade Mark, Trademark infringement, Office action, A moron in a hurry, Juan Valdez drinks Costa Rican coffee, Uggs-N-Rugs, Electronic registration mark, Colour trademark, Confusing similarity, Registered trademark symbol, Indian Arts and Crafts Act of 1990, Collective trade mark, Wordmark, Trademark classification, Singapore Treaty on the Law of Trademarks, Linux Mark Institute, List of trademark case law, Norwegian Industrial Property Office, Trade Marks Act 1994, Opposition proceeding, Ghost mark, Allegation of use, Trademark examiner, Imperial Group v. Philip Morris, Unregistered trade mark, Indicazione geografica tipica, Chartered mark, Functionality doctrine, Trademark erosion, Trademark share, Brand piracy, Reputation parasitism, Amendment to allege use. Excerpt: A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities. A trademark may be designated by the following symbols: A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound. The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand. The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States. The essential function of a trademark is to exclusively identify the commercial source or origin of products or services, such that a trademark, properly called, indicates source or serves as a badge of origin. In other words, trademarks serve to identify a particular business as the source of goods or services. The use of a trademark in this way is known as trademark use. Certain exclusive rights attach to a registered mark, which can be enforced by way of an action for trademark infringement, whi...