trademark

trade·mark   (trād'märk')    n.   Abbr. TM A name, symbol, or other device identifying a product, officially registered and legally restricted to the use of the owner or manufacturer. A distinctive characteristic by which a person or thing comes to be known: the shuffle and snicker that became the comedian's trademark. tr.v.   trade·marked, trade·mark·ing, trade·marks To label (a product) with proprietary identification. To register (something) as a trademark.

Trademark

A symbol, word, phrase, logo, or combination of these that legally distinguishes one company's product from any others. Any infringement on a trademark is illegal and therefore grounds for the company owning the trademark to sue the infringing party.

Investopedia Commentary

A good example of a popular trademark is Nike's swoosh. If another company tried to confuse consumers by using a symbol that looked like the swoosh, that company would be infringing on the Nike's trademark rights. Nike would therefore has grounds to sue.

Another trademarked logo that is globally recognized is Coca-Cola's wave.

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See also: Asset, Brand, Brand Equity, Fixed Asset, Intangible Asset

trademark

A distinctive proprietary emblem, insignia, or name that identifies a particular product or service. A trademark is an intangible asset that may be protected from use by others.

Main Entry: trade·mark
Pronunciation: 'trAd-"märk
Function: noun
: a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law —see also DILUTION, INFRINGEMENT, STRONG MARK, WEAK MARK Trademark Act of 1946 in the IMPORTANT LAWS section —compare COPYRIGHT, PATENT, SERVICE MARK
NOTE: The Patent and Trademark Office registers trademarks and service marks that are used in interstate commerce or in intrastate commerce that affects interstate commerce. There are also state registration statutes for marks used in intrastate commerce. A trademark or service mark need not be registered for an owner to enforce his or her rights in court. The common law recognizes ownership of a trademark, established by actual and first use of the mark, but it extends only to the areas or markets where the mark is used. Federal registration of a trademark gives rise to a federal cause of action for infringement in addition to the common-law claim. Registration also serves as evidence of the owner's exclusive right to the continuous use and validity of the mark, and as constructive notice to the world of the claim to the mark. To be a valid trademark at common law and for federal registration, a mark must be distinctive; a descriptive mark may become distinctive by acquiring secondary meaning.

Main Entry: trade·mark
Pronunciation: 'trAd-"märk
Function: noun
: a device (as a word or mark) that points distinctly to the origin or ownershipof merchandise to which it is applied and that is legally reserved for the exclusive use of the owner —compare SERVICEMARK