What is a trademark?

Explanation of trademark

A trademark is a type of intellectual property that consists of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. Trademark law generally prevents others from using a confusingly similar mark, but not from making the same goods or from selling the same goods or services under a clearly different mark.


Trademarks can 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.
There are several types of trademarks, including:
Product trademarks: These are directly associated with products and are the most familiar type of trademark.
Service trademarks: These represent the services a business provides, such as the banking services of Wells Fargo.
Certification marks: These show that the products and services have met certain standards, such as the "UL" mark, which means a product has been safety tested by Underwriters Laboratories.
Collective trademarks: These are used to represent a collective, like a professional or cooperative organization, such as the "CPA" mark used by the American Institute of Certified Public Accountants.
Trade dress: This refers to the visual appearance of a product or its packaging that signify the source of the product to consumers.


It's important to note that trademarks must be actively defended by the entity that owns them. If a trademark owner fails to enforce its rights, it can lose the ability to prevent others from using it. Trademark owners typically enforce their rights by filing lawsuits in court to stop trademark infringement.


Please note that the specifics of trademark law can vary from one jurisdiction to another. Always consult with a qualified legal professional if you have specific concerns or questions about trademarks.