Trademark and Service Mark Law

What is a mark, collective mark, and trade name?

A mark is “any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise,” including a stamped or marked container of goods.[1]

A collective mark is “any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristics, including the quality of goods or services of different enterprises which use the sign under the control of the registered owner of the collective mark.”[2]

A trade name is “the name or designation identifying or distinguishing an enterprise.”[3]

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