trademark (redirected from Trade mark law)

trademark n. a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product and to distinguish them from goods sold or made by others. Words that merely name the maker (but without particular lettering) or a generic name for the product are not trademarks. While a trade mark may exist from its first use, it is wise to register a trademark with the U. S. Patent and Trade Mark Office to prove its use and ownership, or register it with the Secretary of State in a state for products not in interstate commerce (such as a restaurant). Federal trademarks last as long as they are used and there are up-dated re-registrations. "Use" means placing the mark on a regular basis on goods manufactured and/or sold, and not abandoning the trademark by not placing it on new goods made or sold. Patent law specialists can conduct a search for similar trademarks to avoid the costs of wasting time and money on adopting an existing trademark owned by another. Use of another's trademark (or one that is confusingly similar) is infringement and the basis for a lawsuit for damages for unfair competition and/or a petition for an injunction against the use of the infringing trademark. (See: trade name, service mark, infringement, copyright, unfair competition)