Back to Trademark basics

What is a trademark?

Written by Jan Buza

Co-founder of Trama

A trademark is a legally protected sign (i.e., a name, logo, slogan, color, shape, sound, or smell) that distinguishes the goods or services of one business from those of others. Under IP law, a trademark grants its owner exclusive rights to use that sign in commerce within registered territories and product categories.

For consumers, trademarks identify the source of certain goods and services. For businesses, trademarks provide legal grounds to prevent competitors from using confusingly similar signs.

A brand is a marketing concept, and a trademark is a legal instrument governed by trademark law. Trademark law defines the scope of each owner's exclusive rights and prevents consumer confusion in the marketplace.

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