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Registered trademark symbol
Trademark symbol
Intellectual property
Authors' rights
Copyleft
Copyright
Database right
Farmers' rights
Geographical indication
Indigenous intellectual property
Industrial design right
Integrated circuit layout design protection
Moral rights
Patent
Peasants' rights
Plant breeders' rights
Plant genetic resources
Related rights
Supplementary protection certificate
Trade dress
Trade secret
Trademark
Utility model
Related topics
Abandonware
Artificial intelligence and copyright
Brand protection
Copyright abolition
Copyright troll
Criticism of copyright
Bioprospecting
Biopiracy
Idea–expression distinction
Limitations and exceptions to copyright
Fair dealing
Fair use
Paraphrasing
Right to quote
Orphan work
Patent troll
Pirate Party
Public domain
Outline of intellectual property
Outline of patents
Higher categories: Property and Property law
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A trademark (also written trade mark or trade-mark[1]) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others.[2][3] A 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. Trademarks used to identify services are sometimes called service marks.[4][5]
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England 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 the system, a defensive mark system, and a 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.
^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).
^"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.
^"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.
^"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". Archived from the original on 15 January 2013. Retrieved 22 December 2012.
^"U.S. Customs Today - February 2002 - an Untimely Christmas Delivery". Archived from the original on 23 October 2011. Retrieved 27 December 2012.
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