A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression
that identifies products or services from a particular source and distinguishes them from others. The
trademark owner can be an individual, business organization, or any legal entity. A trademark may
be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify
services are sometimes called service marks.
The symbols ™ (the trademark symbol) and ® (the registered trademark symbol) can be used to
indicate trademarks; the latter is only for use by the owner of a trademark that has been registered.
Usage
A trademark identifies the brand owner of a particular product or service. Trademarks can be used
by others under licensing agreements; for example, Bullyland obtained a license to produce Smurf
figurines; the Lego Group purchased a license from Lucasfilm to be allowed to launch Lego Star
Wars; TT Toys Toys is a manufacturer of licensed ride-on replica cars for children. The unauthorized
usage of trademarks by producing and trading counterfeit consumer goods is known as brand piracy.
The owner of a trademark may pursue legal action against trademark infringement. Most countries
require formal trademark registration as a precondition for pursuing this type of action. The United
States, Canada, and other countries also recognize common law trademark rights, which means
action can be taken to protect any unregistered trademark if it is in use. Still, common law
trademarks offer to the holder, in general, less legal protection than registered trademarks.