Sample Essay


A trademark is a word that is used in many contexts depending upon its usage. This word gained its importance when it was used by organizations to differentiate their products and services. Nowadays a wide range of trademarks is available that are not only famous, and distinctive but highly honored and regarded to be a mark of distinction.

Nowadays you would see symbols like , or most commonly ®. Everyone knows they are called trademarks. Now what is a trademark? The answer to this question is explained as follows:

A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. A trademark or trademark or trademark is a unique or distinguishing sign used by an individual, business organization, or other legal entity to identify the products or services of which the trademark appears. It is used to make a perception in the minds of customers or individuals so that they can distinguish its products or services from those of other entities.

Usually, a trademark may be designated by the following ciphers:

  • is used for an unregistered trademark. A mark used to promote or brand goods. It is used for goods only.
  • is used for an unregistered service mark. A mark is used to promote or brand services. It is used for services only.
  • ® is used for a registered trademark. It can be used for either products or goods or services.

Importance of a Registered Trademark

The most important feature of a registered trademark is that it enables its owner to commence legal proceedings for trademark violation, contravention, intrusion, or encroachment i.e. to prevent unauthorized use of that trademark.

However, registration is not required or compulsory but it does give privileges to its owner to file a suit which is usually not the case with an unregistered trademark owner. An unregistered mark may be protectable or defended within the geographical area within which it has been used or in geographical areas into which it may be expected to expand or develop.

History/ Origin of trademarks

In trademark history, it is usually reported that blacksmiths who made swords in the Roman Empire are thought of as being the first users of trademarks. Other notable trademarks that have been used for a long time include Löwenbräu, which claims the use of its lion mark since 1383, and Stella Artois, which claims its use since 1366. (Stephen M. P.)

Registered trademarks involve registering the trademark with the government or with its subsidiary or its special cells. The oldest registered trademarks in various countries in history include:

  • United Kingdom: 1876 – The Bass Red Triangle was the first trademark to be registered under the Trade Mark Registration Act of 1875. (Russell L.)
  • United States: Picture of Samson wrestling a lion, to Samson Rope in 1884. (Leonard M.)

What is a famous trademark?

A famous trademark is one that has established a strong association or relationship, in the minds of the consumers, between a specific good or service and the source of that good or service or is sometimes associated with brand and brand loyalty. For example, the COCA-COLA, PEPSI, MCDONALDS, and SONY brands have been determined to be strong and famous marks.

The criteria to judge whether a trademark is famous or not is relevant when talking about trademark strength, where a third party is possibly declining the strength of a famous mark. The criteria to judge the reputation of a trademark is given by the Federal Trademark Dilution Act which gives the following factors of evaluation for a trademark’s strength:

1. Distinctiveness: How distinct the mark is either by being innately distinctive or by attaining secondary meaning.

2. Duration: How long and to what extent the mark has been used with the connected goods and services?

3. Dispose: How much advertising and publicity there has been for the mark.

4. Deepness: How geographically widespread the mark has been used.

5. Depth: What channels of trade are used for the mark’s associated goods and services?

6. Dilate: How well-recognized the mark is in the channels of trade as is used by the owner and the channels of trade used by the potentially diluting mark.

7.  Differentiate: How many similar marks are used by third parties, and the extent of such use.

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