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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