Thứ Sáu, 26 tháng 10, 2018

What does trademark protect against?

Trademark is a sign that help distinguish the goods or services of one enterprise from those of others. Together with industrial design and patent, trademark of goods and services plays an extremely important role for the growth of the enterprise. Trademark establishes a link between enterprise and customer.  A strong trademark will attract customers to use goods or services. When trademark is popular and economic benefits achieved through sale of goods or provision of services coupled with trademark is large, the violation of trademark is inevitable.


Trademark is a monopoly, allowing only the owner to make use of the trademark in connection with a business or product. (Similarly, Service Marks do the same thing for services.)

These brand names cannot be used by competitors on their products or businesses. If they try to do so, they are infringing on your trademark and the owner of the brand name must sue them (or risk losing their trademark protections.)

Not, registrations are very specific. If you are not using your trademark in another class of business, someone else can name their non-competing product with that name. So, if you are Apple (makers of the iPhone), Apple Plumbers is not competing with you. Perfectly okay for them to use that mark.

And “nominative use”, where someone is actually referring to your product, is also okay. How could I refer to the company Disney if I could not use their name? I just can’t name my media company with their name.


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