Trademark Uses - Contact a Lawyer

In text and advertising one often sees the symbol ™ next to a phrase or image that a company thereby claims as a trademark, or the symbol ®, which signifies that the trademark or service mark has been registered with the relevant trademark registry. Trademarking is a central legal component for corporate branding. In many countries colours (such as the colour orange for champagne and the colour brown for parcel delivery), three-dimensional marks, sounds, and even smells are also capable of trademark protection. In the European Union, for example, the smell of cut grass has been registered in respect of tennis balls. In the United States, the sound of a roar of a lion has been registered in respect of motion pictures.

The main purpose of trademark law is to protect the public from being confused or deceived about the origin and quality of a product. This is accomplished by the mark owner preventing competitors from using a mark that the consuming public is likely to confuse with theirs, whether because it is identical (such as another computer manufacturer calling themselves "Apple") or sufficiently similar (such as a soft drink called "Popsi", to mimic "Pepsi" though the similarity need not be that great). A trademark is protected when the law allows the mark owner to stop competitors from infringement by these confusingly similar marks. Though registration is available in most countries, showing conclusive right to use the registered mark, many jurisdictions (in common law countries, at least) will still protect unregistered marks as long as the owner claiming infringement can prove ownership through earliest and consistent use.

It is not necessary for an infringing use to be intentional, though damages in an infringement lawsuit will be greater if there was intent to deceive.

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