trademark

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. For the sake of corporate identity, trademarks are often displayed on company buildings. It is legally recognized as a type of intellectual property.
The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use”, creating an examination based process, and creating an application publication system. The 1938 Act, which served as a model for similar legislation elsewhere, contained other novel concepts such as "associated trademarks", a consent to use system, a defensive mark system, and non claiming right system.
The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to indicate trademarks; the latter is only for use by the owner of a trademark that has been registered.

View More On Wikipedia.org
  1. M

    VIC Registering a Trademark - How Different Should it Be?

    I want to register a trademark that is a phrase. I've done a search and someone has registered the same phrase but with two extra letters. These are not the exact words used, but are a similar example: I want: Swimming Teacher This trademark is already registered: St Swimming Teacher...
  2. T

    VIC Registering a Trademark in Multiple Fonts and Styles?

    Hi there, I run a very small business as a sole trader, registered under my own name, and I'm looking into trademark registration for use as a business name / brand. My question is regarding the fonts and styling protected under a single trademark registration, i.e. can a single trademark...
  3. A

    VIC Using the Same Trademark for a Different Type of Product?

    Hi there, I require opinions on the implications of registering a business name that is the same as an existing trademarked business name. I decided on the brand name BeFresh for a oral hygiene line (mouth wash etc.). I recently found the name BeFresh has been a trademark of a line of female...
  4. J

    WA Product Placement on Youtube Video - Copyright Issue?

    Hi there, I'm hoping someone can help with my query. I have written and recorded a commercial song about a particular drink I used to consume daily. I have uploaded this song to Youtube and the artwork includes a photograph I took which has the logo from the company who produces this product...
  5. R

    SA Does a Trademark Protect Individual Words?

    Hello, Friends have registered a business name as 'Blank Charcoal Chickens' . They were written to by an interstate business, who threatened legal action over the word 'blank'. On checking, I see that the interstate business have trademarked 'Blankety Blank' along with a logo. My friends have...
  6. S

    NSW Am I Breaching Trademark Laws?

    Hi guys, Recently started an online company selling a service part that is compatible with an existing ventilation system. I have stated on my website - 'suits Ventis systems' and 'aftermarket Ventis filter' . Ventis is the word in question. It's trademarked and I have received lawyer...
  7. D

    QLD Musical Based on Real Life Person

    Hello, I had an idea to write a musica based on the life of Agatha Christie. I researched life rights and the information I got was that life rights don't exist and events are public domain. Is this true? I was also concerned with copyright, since Agatha Christie has written an Autobiography...
  8. Cruiser

    NSW Trademark Infringement - Best Course of Action?

    Hi, I write a blog/information website relating to the ongoing modification of a type of motor vehicle. As I perform modifications, I post an article and video detailing that modification. One page on the site deals with engine performance chips, predominantly the brand I have installed...
  9. W

    NSW Process to Register Trademark for Online App?

    What's the normal process of registering a name/ trademark for my online/app game? Will it be protected in other states and in a worldwide scope?
  10. M

    NSW Cease and Desist Letter for Domain Name?

    Hi there, To cut to the chase, we are in the following situation and require help: 1) We create a domain X that gained lots of popularity and media traction in NSW 2) A company based in Victoria (never traded in NSW) then registered our domain as their business name and sent us a cease and...