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TRADEMARKS AND TRADE SECRETS

 

 

Another kind of __________ is a trademark. Companies often use a certain name or description to help sell their products, or sometimes ________ which everyone comes to associate with that company, such as the M design of McDonald's or the shell design of Shell Oil. To prevent other businesses from using their trademark, companies often ________ them. Another _______ is to take out an injunction against a company which has tried to pass itself off as your company by using _________ or similar packaging. The London store Harrod's took out a passing-off action against a small business in New Zealand not only because it was also called Harrod's but because its bags looked _______.

The law provides some help for companies that want to keep trade secrets confidential. In some countries, it is _________ to pass information about an employer's production methods, business techniques and customer lists. In others, it is legal for a contract of employment to include restrictions about giving away or using such ______, and the restrictions may continue to apply even after the employee has left the company. Some contracts enable a company to take legal action against an ex-employee who tries to work for _______. English law recognizes the need for businesses to protect themselves from ex-employees who start up a rival business, but it also puts limits upon the extent that the company can restrict others.

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Q: What is a service mark?

 

A: A service mark is exactly the same as a trademark with the exception that it distinguishes your services from others in the market.

 

Q: Is trademark the same as trade name?

 

A: A trade name is slightly different to a trademark. A trade name refers to the name of the business or company, where a trademark refers to products/services.

However, a trade name can be used as a trademark if it is used to help distinguish between products and services, for example 'HSBC Savings Account'.

Q: What is qualified as a trademark?

 

A: Trademarks cannot be freely registered and will be investigated thoroughly before registration is approved. To qualify for registration the trademark must: be distinctive and not be a commonly used word; be available for use, i.e. not used or registered by another party; be lawful.

Q: What Does ®, ™ and SM Mean?

A: A party can display ™ next to a trademark that has not been registered. However, there must be a public claim to the trademark.

A party can display SM next to a service mark that has not been registered. However, there must be a public claim to the service mark.

A party can display ® next to a trademark or service mark that has been legally registered. This symbol will inform people that you have the right to take legal action if the trademark or service mark is violated.

False claims to a registered mark - using the ® with non-registered marks - is seen as an act of fraud and offenders will be prosecuted.