Trademark

A trademark is a sign used to identify and distinguish the goods or services of one business from those of others and to indicate their source. Trademarks may be words, logos, colors, sounds, packaging, or any distinctive combination that conveys origin.

Types include word marks, design marks, service marks, and collective or certification marks. Trade dress covers the overall look and feel of a product or its packaging, as long as it signals origin and is distinctive.

Rights can arise from actual use in commerce, but registration with a government trademark office provides stronger protection. Registration creates presumptive ownership and enables more straightforward enforcement, though procedures and standards vary by country.

Registration typically requires that the mark be distinctive and not confusingly similar to existing marks. Protection extends to the registered goods or services and, in some systems, related ones. Owners must monitor and enforce their rights to maintain them.

Duration is generally long and renewable; initial terms are commonly 10 years, with ongoing use and periodic renewal required. Non-use for a statutory period can lead to cancellation in many jurisdictions.

Infringement occurs when another uses a confusingly similar mark for related goods or services. Remedies include injunctions, damages, and sometimes seizure of counterfeit goods, with enforcement mechanisms varying by jurisdiction.

International protection can be pursued through multilateral and regional systems, such as the Madrid Protocol, enabling a single application to cover multiple countries. Comprehensive clearance searches are often conducted to avoid conflicts.

Trademarks must remain distinctive; genericization risk exists if a mark becomes synonymous with a product category. Legal strategies include clear licensing, policing, and, where appropriate, coexistence or rebranding.