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“Trademark.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/trademark. Accessed 21 Nov. 2024.
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trademark
nounMedical Definition
trademark
nounLegal Definition
trademark
nounNote: The Patent and Trademark Office registers trademarks and service marks that are used in interstate commerce or in intrastate commerce that affects interstate commerce. There are also state registration statutes for marks used in intrastate commerce. A trademark or service mark need not be registered for an owner to enforce his or her rights in court. The common law recognizes ownership of a trademark, established by actual and first use of the mark, but it extends only to the areas or markets where the mark is used. Federal registration of a trademark gives rise to a federal cause of action for infringement in addition to the common-law claim. Registration also serves as evidence of the owner's exclusive right to the continuous use and validity of the mark, and as constructive notice to the world of the claim to the mark. To be a valid trademark at common law and for federal registration, a mark must be distinctive; a descriptive mark may become distinctive by acquiring secondary meaning.
More from Merriam-Webster on trademark
Nglish: Translation of trademark for Spanish Speakers
Britannica English: Translation of trademark for Arabic Speakers
Britannica.com: Encyclopedia article about trademark
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