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what are trademarks?  ® ä

A trademark can be any distinctive mark such as a word, slogan, letter, number, sound, smell, shape, logo, picture, aspect of packaging or any combination of these.

They are used to distinguish the goods and services of one trader from those of another.

A registered trade mark gives the legal right to use, license or sell it within the country where it is registered for the goods and services for which it is registered. 

The difference between trade marks, business, company and domain names sometimes causes confusion. Registration of a business, company or domain name does not in itself give you any proprietary rights - only a trade mark can give you that kind of protection.  The same word(s) may be registered by different people as business names and trade marks.  But the registered trademark owner can sue the business owner for infringing the trade mark if the business name owner uses the trademark on goods or services similar to those covered by the trade mark registration.

As with patents and design registrations, it is possible to obtain trademark registration in more than one country based on a first filed application or registration using various international conventions.

Registered trade marks are usually indicated by the ® symbol  and unregistered trade marks with the letters ä .

further information:

page last amended: 24 Sep 2008


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