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Trademark

A trademark (also written trade mark or trade-mark[1]) 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,[2][3] although trademarks used to identify services are usually called service marks.[4][5] 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. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.

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 Trade Marks 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 system, a defensive mark system, and non claiming right system.

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.

  1. ^ The styling of trademark as a single word is predominantly used in the United States and Philippines only, while the two-word styling trade mark is used in many other countries around the world, including the European Union and Commonwealth and ex-Commonwealth jurisdictions (although Canada officially uses "trade-mark" pursuant to the Trade-mark Act, "trade mark" and "trademark" are also commonly used).
  2. ^ "A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others". Retrieved 13 December 2011.
  3. ^ "A trade mark is a sign which can distinguish your goods and services from those of your competitors (you may refer to your trade mark as your "brand")". Retrieved 22 December 2012.
  4. ^ "Trade marks identify the goods and services of particular traders. Signs that are suitable for distinguishing products or services of a particular enterprise from that of other companies are eligible for trade mark protection". Retrieved 22 December 2012.
  5. ^ "Archived copy". Archived from the original on 23 October 2011. Retrieved 27 December 2012.CS1 maint: archived copy as title (link)

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