Trademarks and Branding
Expert-defined terms from the Professional Certificate in Intellectual Property Law Fundamentals course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
**A** #
**A**
Trademark #
A recognizable sign, design, or expression which identifies products or services of a particular source from those of others. It is a type of intellectual property consisting of a recognizable sign, design, or expression which distinguishes products or services of a particular source from those of others.
**B** #
**B**
Brand #
A name, term, design, symbol, or other feature that distinguishes an organization or product from its rivals in the eyes of the customer. Brands are used in business, marketing, and advertising.
Branding #
The process of creating a strong, positive perception of a company, its products or services in the customer's mind by combining elements such as logo, design, mission statement, and a consistent theme throughout all marketing communications.
**C** #
**C**
Common law trademark rights #
In many jurisdictions, trademark rights can be established through use of a mark in commerce or trade, without registration. These are known as "common law" trademark rights.
Cybersquatting #
The registration, trafficking in, or use of a domain name with bad faith intent to profit from the goodwill of a trademark belonging to someone else.
**D** #
**D**
Distinctiveness #
The degree to which a trademark is likely to be remembered and associated with a particular product or service. Distinctiveness is a key factor in determining the strength of a trademark.
**F** #
**F**
Fair use #
A legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.
**I** #
**I**
Infringement #
The unauthorized use of a trademark or copyrighted material in a way that is likely to cause confusion among consumers, or to dilute the value of the trademark or copyright.
International Trademark Classification #
A system used to categorize goods and services for the purpose of registering trademarks. The International Trademark Classification, also known as the Nice Classification, consists of 45 classes, with classes 1-34 covering goods and classes 35-45 covering services.
**L** #
**L**
Logo #
A graphic mark, emblem, or symbol used to aid and promote public identification and recognition. It is often used to represent a company, organization, or product.
**N** #
**N**
Name protection #
Legal protection granted to personal names, business names, and trademarks to prevent others from using a similar name in a way that is likely to cause confusion or dilute the value of the name.
**P** #
**P**
Parody #
A work that imitates the style of a particular writer, artist, or genre with deliberate exaggeration for comic effect. Parodies are often protected by fair use doctrines, but the line between fair use and infringement can be blurry.
Patent #
An exclusive right granted by a government to an inventor for a limited period of time, typically 20 years, in exchange for detailed public disclosure of an invention.
**R** #
**R**
Registered trademark #
A trademark that has been registered with a national or regional trademark office. Registration provides legal evidence of the owner's exclusive right to use the mark for the goods and services for which it is registered.
Service mark #
A type of trademark used to identify and distinguish the services of one company from those of another. Service marks are similar to trademarks, but are used to identify services rather than goods.
**S** #
**S**
Similarity #
The degree to which two trademarks are alike in sight, sound, or meaning. Similarity is a key factor in determining whether one trademark is likely to cause confusion with another.
Strength #
The degree to which a trademark is likely to be remembered and associated with a particular product or service. Strength is a key factor in determining the value of a trademark.
**T** #
**T**
Trade dress #
The visual appearance of a product or its packaging, including color, shape, and design. Trade dress is protected by trademark law if it is non-functional and distinctive.
Trademark dilution #
The lessening of the capacity of a famous trademark to identify and distinguish goods or services, regardless of the presence or absence of competition between the owner of the famous mark and other parties.
Trademark infringement #
The unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
Trademark registration #
The process of registering a trademark with a national or regional trademark office. Registration provides legal evidence of the owner's exclusive right to use the mark for the goods and services for which it is registered.
**U** #
**U**
Use #
based trademark rights: Trademark rights that are established through use of a mark in commerce or trade, without registration. These are known as "use-based" trademark rights.
**W** #
**W**
Well #
known trademark: A trademark that is widely recognized and associated with a particular product or service, regardless of whether the mark is registered. Well-known trademarks are protected under trademark law even if they are not registered.
Note #
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