Trademark
is a sign that help distinguish the goods or services of one enterprise from
those of others. Together with industrial design and patent, trademark of goods
and services plays an extremely important role for the growth of the
enterprise. Trademark establishes a link between enterprise and
customer. A strong trademark will attract customers to use goods or
services. When trademark is popular and economic benefits achieved through sale
of goods or provision of services coupled with trademark is large, the
violation of trademark is inevitable.
Trademark
is a monopoly, allowing only the owner to make use of the trademark in
connection with a business or product. (Similarly, Service Marks do the same
thing for services.)
These
brand names cannot be used by competitors on their products or businesses. If
they try to do so, they are infringing on your trademark and the owner of the
brand name must sue them (or risk losing their trademark protections.)
Not,
registrations are very specific. If you are not using your trademark in another
class of business, someone else can name their non-competing product with that
name. So, if you are Apple (makers of the iPhone), Apple Plumbers is not competing
with you. Perfectly okay for them to use that mark.
And
“nominative use”, where someone is actually referring to your product, is also
okay. How could I refer to the company Disney if I could not use their name? I
just can’t name my media company with their name.
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