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Trademark meaning

/ˈtreɪdmɑːk/
What does Trademark mean?
In practice, a trade mark is the sign a business uses to distinguish its goods or services and to protect brand identity. In the UK (Trade Marks Act 1994) and Ireland (Trade Marks Act 1996), it is defined in statute as any sign capable of being represented on the register and of distinguishing the goods or services of one undertaking from those of others. Signs include words, logos, shapes, colours, patterns, slogans and sounds. Registration (UKIPO or intellectual property Office of Ireland) creates an intellectual property right and confers exclusive rights to prevent unauthorised use of identical or confusingly similar signs for identical or similar goods or services, and, for reputed marks, unfair advantage or detriment. Trade marks can be licensed, assigned and used as security; clearance and classification are central to prosecution and enforcement. Unregistered marks may attract protection through passing off in the UK and Ireland (goodwill, misrepresentation, damage). The ® symbol should be used only for registered trade marks; TM may denote use without registration. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland. An EU trade mark provides protection across the EU (including Ireland) but no longer covers the UK.
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NEWS
Dispute Resolution Weekly: Key Court of Appeal rulings (N510, injunctions, advocates’ immunity), MTIC fraud defeat, Arbitration Act s43–44 limits, HMCTS updates, PACCAR reform push, UK mediation convention consultation

In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Injunctions Litigation Applications—specific Evidence and disclosure Dates for your diary Useful information Daily and weekly news alerts Key DR developments Appointments The Law Society of England and Wales has confirmed Mark Evans as its 181st president, with Brett Dixon appointed vice president and Dana Denis-Smith taking the role of deputy vice president. Evans, a Welsh solicitor bringing 28 years’ expertise in property and private law and currently lecturing at the University of Law, has held senior positions within regional and national law societies since 2010. For further information, see: LNB News 09/10/2025 35—Law Society appoints Mark Evans as 181st president. Hague Conference on Private International Law The HCCH has moved forward its Good Practices document concerning the 1965 Service, 1970 Evidence and 1980 Access to Justice Conventions. This follows the second meeting of its Working Group...

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NEWS
EU law weekly update: budget, competition and state aid, border controls, financial services, energy, environment, IP and life sciences—key developments to 10 July 2025

In this issue: EU fundamentals Commercial Competition and state aid Free movement, immigration and employment Financial services Energy Environment IP Life sciences Daily and weekly news alerts New and updated content Trackers EU fundamentals The Council of the EU has set its position on the 2026 EU draft budget, fixing commitments at €186.24bn and payments at €186.49bn, excluding appropriations for special instruments outside the multiannual financial framework (MFF). It adopts a cautious, realistic stance built on three principles: (1) ensuring the sound delivery of policies and programmes; (2) sustaining the ability to respond to ongoing crises; and (3) safeguarding sufficient margins beneath MFF ceilings for unforeseen needs. See: LNB News 09/07/2025 37. Commercial MLex notes that France’s €3 minimum postage for book orders under €35 falls within Directive 2006/123/EC, the EU Services Directive, and could be permissible as a cultural measure, according to Advocate General Maciej Szpunar in an opinion...

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View the related Practice Notes about Trademark

PRACTICE NOTES
Cybersquatting and domain name disputes: practical guidance on prevention, enforcement and resolution, including UDRP, URS, Nominet DRS, trade mark infringement and passing off

This Practice Note offers an introduction to cybersquatting. It involves registering a domain name that incorporates another business’s trade mark with the purpose (or consequence) of taking unfair advantage of that mark. It also encompasses typosquatting, being the registration of a domain name featuring a misspelt version of another party’s trade mark. There are several avenues to pursue action against cybersquatters, including Nominet’s Dispute Resolution Service (DRS) and the Uniform Domain Name Dispute Resolution Policy (UDRP)... What is cybersquatting? Also referred to as domain name squatting, it is the bad-faith registration of a domain name that matches or is confusingly similar to a trade mark or name, with the intention of profiting from the goodwill attached to that mark or name. The practice exploits the trade marks of businesses, individuals, or other entities, aiming to secure commercial benefit for the ‘squatter’ and/or to interfere with legitimate activities... Evolution and key characteristics of cybersquatting The phenomenon took hold in the 1990s during the early phase of internet...

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PRACTICE NOTES
US patent law: eligibility, patentability, ownership, enforcement, defences and remedies (archived)

ARCHIVED: This Practice Note is archived and not maintained. It was originally prepared for Lexis Practice Advisor®, in the US. What is a patent? Under the US Patent Act 1952 (Patents Act), patents are issued by the US Patent and Trademark Office (USPTO). A patent owner holds a time-limited right to stop others from practising the claimed invention within the United States. The most common form is the utility patent, typically claiming a tangible thing or a set of steps. Design patents protect the ornamental appearance of an article of manufacture. Plant patents safeguard a plant variety produced through grafting, budding, or comparable methods (rather than by seed). Importantly, eligible subject matter must be stated in the patent claim itself; a disclosure in the specification alone is not enough. See Two-Way Media Ltd v Comcast Cable Communs, LLC, 874 F.3d 1329, 1338-1339 (Fed. Cir. Nov. 1, 2017) (not reported by LexisNexis®)...

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PRACTICE NOTES
US IP comparison for literary works, marketing images, characters, slogans, product designs and inventions: copyright, trade secrets, trade marks, trade dress, design patents and utility patents [Archived]

ARCHIVED: This Practice Note is archived and no longer updated. It was initially prepared for Lexis Practice Adviser, in the US. It outlines similarities and differences between the protections available for typical categories of IP, such as literary works (copyright and trade secret); marketing imagery, characters and slogans (copyright and trade mark); product designs (design patent, copyright and trade dress) and inventions (patent and trade secret). It addresses coverage and duration, as well as scope and eligibility requirements too. Literary works—copyright versus trade secret protection For information to amount to a trade secret, it must truly be confidential, the proprietor must take steps to preserve that confidentiality, and it must confer a competitive economic benefit on the owner. Trade secrets usually comprise commercial or business information and may endure without limit, provided the secrecy is maintained. Copyright, by contrast, applies to subject matter such as literary works, audiovisual works, and sound recordings, and only requires that the work is fixed in a tangible medium of expression. Copyright protection...

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