A trademark may be designated by the following symbols:
™ (for an unregistered trade mark, that is, a mark used to promote or brand
goods)
℠ (for an unregistered service mark, that is, a mark used to promote or
brand services)
® (for a registered trademark)
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, in some countries unregistered rights in a sign may also be
enforced. These are often known as 'common law' rights. An unregistered sign
is usually only protected 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. |