What is a TRADEMARK?

A trademark is a legal right granted by a government to use the trademark exclusively in connection with the goods or services set forth in the registration. It refers to both trademarks which are used to identify goods (Classes 1-34, in 9th edition of Nice classification) and service marks which are used to identify services (Classes 35-45, in 9th edition of Nice classification). The use of the term “trademark” hereinafter refers to both trademark and service mark.

In general, a trademark registration has to be obtained for each and every country/region in which the trademark protection is desired.

A trademark can be letters, logos, sounds, smells, colors, shapes, packaging or a combination of them. A trademark is used to indicate a trader who makes the goods or offers the services and to distinguish the goods or service of a trader from other traders.

Like any other property right, a trademark, may also be assigned to others. In the United States, a registered trademark has a 10-year term and it is renewable.