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LSDefine

Simple English definitions for legal terms

true trademark

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A quick definition of true trademark:

A true trademark is a word, phrase, logo, or symbol used by a company to distinguish its products from others. The purpose of a trademark is to show where a product comes from. To be protected by law, a trademark must be unique, used on a product that is sold, and registered with the government. If a trademark is not registered, it can still be protected under common law. A trademark can also be abandoned if the owner stops using it. There are different types of trademarks, such as arbitrary trademarks that use common words in a unique way, and certification trademarks that show a product's quality or origin.

A more thorough explanation:

A true trademark is a word, phrase, logo, or symbol used by a manufacturer or seller to distinguish their product from others. The purpose of a trademark is to indicate the source of goods or services. To receive federal protection, a trademark must be distinctive, affixed to a product that is actually sold in the marketplace, and registered with the U.S. Patent and Trademark Office. Unregistered trademarks are protected under common law only and are distinguished with the mark "TM."

For example, the Nike "swoosh" logo is a true trademark that distinguishes Nike's products from those of other companies. The logo is distinctive and is affixed to products that are sold in the marketplace. It is also registered with the U.S. Patent and Trademark Office.

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