About Trademarks

A trademark is how a company identifies itself, its products, and its services in the marketplace. Trademarks help customers distinguish one business from another, even when goods or services are similar.

What is a Trademark?

A trademark is a sign that serves to distinguish goods or services on the market. Its purpose is to differentiate goods or services of the same kind produced or provided by different manufacturers or service providers. Effective trademarks help consumers navigate a crowded marketplace and allow businesses to build and benefit from reputation and goodwill associated with the mark.

A trademark must be capable of graphical representation (written, drawn, or otherwise visually represented) and must be capable of distinguishing the goods or services for which it is protected from those of other commercial sources. A trademark does not exist in a vacuum – it is always tied to specific goods or services.

Trademark Symbols

Common symbols used with trademarks include:

• ™ – used with an unregistered trademark to promote products or branded goods.
• SM – used with an unregistered service mark to promote branded services.
• ® – used with a registered trademark.

Types of Trademarks (Registrable Signs)

Subject to legal requirements, the following types of signs can be registered as trademarks:

• Word marks in standard characters or a specific graphic design.
• Figurative marks – drawings, pictorial elements, or combinations of words and images (logos).
• Three-dimensional (3D) marks – shapes of products or their packaging, with or without words or images.
• Color marks – a single color or a specific combination of colors.

For a sign to function effectively as a trademark, it should have a clear connection to the applicant’s business activities, be distinctive from existing marks, and possess originality and memorability.

Non-Registrable Trademarks

Certain signs may be refused registration entirely or only registered with limitations or third-party consent. Reasons for refusal can include:

• Lack of distinctiveness (e.g., purely descriptive or generic terms for the goods or services).
• Conflict with earlier registered trademarks or prior rights.
• Use of protected symbols, emblems, or misleading indications (e.g., false geographical origin).
• Marks that are contrary to public policy or accepted principles of morality.

Validity of Trademarks

A registered trademark is typically indicated by the symbol ®, often placed in the upper right corner of the mark. In many systems, trademarks are initially valid for ten years from the filing date. The owner can renew the registration for additional ten-year periods by filing a renewal request in time. If renewal is not filed within the prescribed period (including any grace periods), the trademark will expire.

Function and Protection

The owner of a registered trademark has exclusive rights to use the mark for the goods or services for which it is protected. In the event of unlawful infringement, the owner may seek legal remedies, including court orders to stop the violation, remove infringing products, and recover damages.

A registered trademark can be:

• Assigned to another owner by written agreement (fully or partially).
• Subject to liens, enforcement, and inclusion in bankruptcy or property settlements.
• Licensed to others, granting the right to use the mark for all or some of the protected goods or services.

If a registered trademark is not properly used for the goods or services for which it is registered within a set period (often five years), or use has ceased for an equivalent period, the mark may be vulnerable to cancellation for non-use. Owners can also voluntarily surrender or limit the scope of their rights.

Even without registration, unregistered marks can sometimes receive limited protection based on use, generally confined to the geographic area where the mark has acquired recognition.

Territorial Application

Trademark protection is territorial. Applicants may pursue protection at the national, regional, or international level, depending on their business needs and the markets they serve.

National Trademarks

A national trademark application is filed with the intellectual property office of the relevant country. Typically, the application must include:

• The applicant’s name and address.
• A clear representation of the mark.
• A list of goods and services for which protection is sought.
• Required fees and signatures, plus additional elements for non-traditional marks or collective marks.

After filing, the application usually undergoes formal and substantive examination. If requirements are met and any objections are resolved, the application is published for opposition. Absent successful opposition, the mark is registered.

European Union Trademarks

A European Union Trademark (EUTM) provides unitary protection across all EU member states via a single registration. Use of the mark in one member state can be sufficient to meet use requirements for the entire EU. The EUTM is administered by the EU Intellectual Property Office (EUIPO).

International Trademarks

International registration under the Madrid System, administered by WIPO in Geneva, allows an owner of a basic national or regional registration (or application) to request protection in multiple countries through a single application. The scope and duration of protection are generally tied to the underlying national or regional registration, especially during the first five years.

Each designated country examines the international registration under its own laws. Refusals, limitations, and renewals are handled according to the rules of the Madrid Agreement and Madrid Protocol.

This page provides general, high-level information about trademarks and does not constitute legal advice. Trademark rules and procedures vary by jurisdiction and may change over time. For advice about a specific mark or situation, consult a qualified trademark attorney or agent.