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Business wiki · Contracts and intellectual property

Trademark

A sign used to distinguish one business's goods or services from those of others.

Search terms: Trade mark brand name logo TM

A business example

A tea business chooses a new brand name for packets and its online store.

Follow the exampleFictional business scenario
  1. Proposed sign

    Identify the word mark and any separate logo.

  2. Search and scope

    Investigate relevant existing marks and the goods or services involved.

  3. Ownership and filing

    Identify the intended owner and assess a suitable application.

What this shows

Obtaining a domain name does not clear the brand for use. The business needs to consider the mark and its market context.

What it is often confused with

Company-name registration, a domain name and a trademark are different rights or registrations.

What to look at in your business

Identify the owner, sign, goods or services and prior search results.

Context and further reading

IP India: intellectual property information brochure. This reference supports the terminology; use the linked guide for applicability and operative requirements.

Commercial legal and IP →

Related terms

Patent

A statutory right granted for an invention that meets the applicable patentability requirements.

Copyright

Rights associated with protected expression such as literary, artistic and software works under copyright law.

NDA

A contract restricting how specified confidential information may be used and disclosed.