What Exactly Is A Trademark?

By Marsha Henway


When we mention trademarks, we are not talking about physical traits such as Elvis presley's sideburns or Catherine Hepburn's voice, though the concept would still be similar.

You hear of, and see, trademarks everywhere, but if you really were to ask yourself, do you know what a trademark is? Trademarks are a strange animal and it's necessary that you get to know them if you have business endeavors of any kind. Whether you're making your own trademark or using other trademarks, there's a whole lot to learn.

The definition of the word trademark in itself is pretty simple. It is the way it is applied that can get a bit complicated. A trademark is a symbol used to separate a company from the rest in the field. Trademarks are covered by "intellectual property." You can have a trademark in several different forms. It could simply be a particular image, or even a short sentence. Paris Hilton was recently poked fun at for trademarking the phrase "that's hot." Controversy over what should be, and what can be, trademarked, is quite large.
Are you thinking about buying some intellectual property? If you do, you will be able to take people to court if they use your trademark without permission. It's important that your company has a signature and unless it's protected, it's useless and can be used by just about anyone. A trademark might seem something easy to overpass in the early days of your new business, but it will be of great importance in the future.

And of course, once we start talking about trademarks, we run into swampy waters. For instance, some marks, logos, phrases, images, etc, become trademarks over time, if by chance they simply grow to become synonymous with a particular product or service. This fact alone should show us that trademarks can get tricky and they embrace a fairly large concept. So, if something distinguishes a product from something else, it is essentially a trademark.

So, what are the little circles with either a TN or R in the middle, and what is their purpose? TM means that there is indeed a trademark, and R means that the trademark in question is registered. Their importance is to remind the public that the items carrying it are protected by law. Lots and lots of items are trademarked, some are registered and some are not, and obviously, the registered trademarks have much more weight legally, should an infringement of that trademark go to court. The majority of trademarks on TV and magazines are registered.

When dealt with in court, intellectual property is treated exactly the same as physical property, and the different cases are handled according to jurisdiction.

The main categories of trademarks are five, and they include distinctive, arbitrary, suggestive, descriptive and generic. Certain symbols, such as national flags, can not be used in trademarks. The laws governing trademark issues vary depending on the country you are in, so you should be familiar with those laws before you do business overseas.

A trademark can open your company up to all kinds of business and separate it from the pack, but if it's not formed carefully, it may misrepre
So, what are the little circles with either a TN or R in the middle, and what is their purpose? TM means that there is indeed a trademark, and R means that the trademark in question is registered. Their importance is to remind the public that the items carrying it are protected by law. Lots and lots of items are trademarked, some are registered and some are not, and obviously, the registered trademarks have much more weight legally, should an infringement of that trademark go to court. The majority of trademarks on TV and magazines are registered.

When dealt with in court, intellectual property is treated exactly the same as physical property, and the different cases are handled according to jurisdiction.

The main categories of trademarks are five, and they include distinctive, arbitrary, suggestive, descriptive and generic. Certain symbols, such as national flags, can not be used in trademarks. The laws governing trademark issues vary depending on the country you are in, so you should be familiar with those laws before you do business overseas.

A trademark can open your company up to all kinds of business and separate it from the pack, but if it's not formed carefully, it may misrepresent and misdirect your company. So, be careful choosing a trademark, and before settling for one, challenge yourself to find out as much as possible about trademarks.




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