Trademark Attorneys & Lawyers
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| Trademark Attorneys Lawyers-
A trademark
(Commonwealth English: trade mark) is a distinctive
sign of some kind which is used by a business
to identify itself and its products or services
to consumers, and to set the business and
its products or services apart from those
of other businesses. A trademark is
a type of intellectual property, and in particular,
a type of industrial property. |
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Trademarks are generally distinctive symbols,
pictures, or words that sellers affix to distinguish
and identify the origin of their products. Under some
circumstances, trademark protection can extend beyond
words, symbols, and phrases to include other aspects
of a product, such as its color or its packaging. For
example, the pink color of Owens-Corning fiberglass
insulation or the unique shape of a Coca-Cola bottle
might serve as identifying features.
The purpose behind United States trademark law
is to protect consumers. Certainly, giving a trademark
owner a right to sue to protect consumers does provide
protection for the mark, but that does not change the
central focus of the trademark laws. The way the
trademark laws approach protecting consumers is
by prohibiting even the likelihood of consumer confusion.
The core element of determining whether trademark infringement
exists is to inquire whether the "reasonably prudent
consumer" is likely to be confused as to the origin
of the good or service bearing one of the marks.
Each and every patent and trademark matter is
different, as are the facts surrounding it. Consequently,
the contents of this website are intended only to be
general information regarding patents and trademarks.
As it is general information about patents and trademarks,
it should not be considered legal advice regarding your
individual patent
or trademark matter. Should you desire specific legal
advice regarding your patents or trademarks, you are
encouraged to contact a patent attorney who is registered
with the U.S. Patent and Trademark Office.
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