What Is A Trade Mark?

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Description:
A 6 minute video demonstrating what a trade mark is in 6 minutes.

Transcript below:
The essentials of trade marking are covered by four eclips modules.
This first module will help you understand what a trade marks is and the various types of marks commonly used. What is a trade mark?
Ordinary trademarks are distinctive signs that help identify the goods or services of one trader over those of another. A sign can typically
consist of words, logos, pictures or a combination of all of these elements.
Typically, to qualify as a trade mark a sign must meet three clear criteria, it must be: capable of being represented graphically, distinct enough to Distinguishing the goods or services of one undertaking from another. Be capable of acting as a
badge of origin of the marked goods or services.
Modern trademarks are the building blocks of today’s global brands and they help consumers to identify and purchase products and services with confidence, based on a clear understanding of the origin of the goods and on the reputation organisation behind the trade mark.
There are two types of trade mark status, registered and un registered. A registered trade mark, formally noted by a R in a circle, requires an application to a national intellectual property office.
The R circle can only be used when the trade mark has passed its assessment and been granted.
IPO/In the UK the official fees for registering a trade mark cost £200 and the whole registration process takes about 3 months.
Unregistered trademarks arise where no formal registration takes place. They are a statement from the mark user that they consider the respective mark to be associated with their trading activity.
Unregistered marks are often noted with the letters TM.
Unregistered trademarks afford less protection then formally registered marks and can be more difficult to enforce if they are infringed, I.e., used without their permission. In the UK, unregistered mark owners often have to rely on taking infringers to court via a “passing-off” action which can be difficult and expensive to prove,
whereas registered trade mark owners enjoy higher protection meaning the legal burden is on infringers to prove their mark does not infringe the mark on the register.
In academia, trademarks are often used to protect the name of the University or of its various schools or departments if they have established independent reputations.Trade marks can also be used to protect the names of University projects or programmes, which often over time may also have developed valuable reputation or distinct identities in their fields such as Trinity College Cambridge. In some countries, including the UK,
non-traditional trademarks may also be registered based on their distinguishing features. These can be shapes, holograms, motion or colour and even non-visible signs such as sounds can be registered.
Examples of such non-traditional marks include:
In addition to ordinary trademarks
there are two other forms of marks. These are Certification marks and Collective marks.
the CE mark which indicates
that a product complies with safety, health or environmental standards set by the European Commission and
the WOOLMARK logo which is used to identify goods that are 100% wool.
Collective marks are signs that distinguish the geographical origin, material, mode of manufacture or other common characteristics of goods or services. These marks are often owned by an independent association, who set rules and standards for applying the mark to goods.
Examples of collective marks include:
So, the primarily use of trademarks is
to distinguish the product or services from entity from another.
Trademarks are signs that can be words, logos, picture, sounds or any combination of these.
Those seeking trade mark protection can elect to rely upon registered or unregistered rights.
Aside from ordinary trademarks, certification and collective marks are also used to distinguish goods and services from those of competitors.

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