Which of the following refers to the legal term for a brand name, brand mark, or trade character?

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.

The word “trademark” can refer to both trademarks and service marks. A trademark is used for goods, while a service mark is used for services.

A trademark:

• Identifies the source of your goods or services.
• Provides legal protection for your brand.
• Helps you guard against counterfeiting and fraud.

A common misconception is that having a trademark means you legally own a particular word or phrase and can prevent others from using it. However, you don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.

For example, let's say you use a logo as a trademark for your small woodworking business to identify and distinguish your goods or services from others in the woodworking field. This doesn't mean you can stop others from using a similar logo for non-woodworking related goods or services.

Another common misconception is believing that choosing a trademark that merely describes your goods or services is effective. Creative and unique trademarks are more effective and easier to protect. Read more about strong trademarks.

Owning a trademark vs. having a registered trademark

You become a trademark owner as soon as you start using your trademark with your goods or services. You establish rights in your trademark by using it, but those rights are limited, and they only apply to the geographic area in which you’re providing your goods or services. If you want stronger, nationwide rights, you’ll need to apply to register your trademark with us.

You’re not required to register your trademark. However, a registered trademark provides broader rights and protections than an unregistered one.

For example, you use a logo as a trademark for the handmade jewelry you sell at a local farmer’s market. As your business grows and you expand online, you might want more protection for your trademark and decide to apply for federal registration. Registering your trademark with us means that you create nationwide rights in your trademark.

Using the trademark symbols TM, SM, and ®

Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you’re claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven’t filed an application to register your trademark.

Once you register your trademark with us, use an ® with the trademark. You may use the registration symbol anywhere around the trademark, although most trademark owners use the symbol in a superscript or subscript manner to the right of the trademark. You may only use the registration symbol with the trademark for the goods or services listed in the federal trademark registration.

Neighboring concepts of a trademark

Trademark and trade name

A trademark is an affixed mark that distinguishes one's goods from those of another, thereby preserving the identity of the goods. It may consist of symbols, characters, diagrams, a combination of these, or a color combination of these. A trade name is a name used by a merchant (legal equity or individual) to indicate his/her service business and maintain its identity. A form of personal name, the trade name is depicted and formed by characters, and must be used in the case of companies.

To address the international trend of trademarks composed of a trade name, or vice versa, a trade name may be used as a trademark in accordance with the Corporate Identification Program. A trade name used for a product mark may be protected as a legal trademark if it is registered in accordance with the requirements of a trademark registration. This growing number of trademarks composed of trade names will likely result in overlapping cases between two parties.

Trademark and geographical indication

While a trademark identifies a "specific business subject" providing goods or services, a geographical indication identifies the "specific region" of origin of goods and/or the characteristics of a specific region the goods possess. A geographical indication enables one business to exclude other competitors from using a certain mark, but unlike a trademark, it has no "exclusive owner."

Both a trademark and a geographical indication have the function of representing the origin and quality of goods relating to business profits and receiving protection under the scope of intellectual property. Based on these similarities, some countries protect geographical indications as a trademark under a trademark and geographical indication protection act, while other countries protect geographical indications as a collective mark or certification mark under a trademark act.

In the Republic of Korea, geographical indications have been protected as a collective mark under the Trademark Act (Act No. 7290) since July 1, 2005. Under the Act, if a product has a specific quality, reputation, or characteristic originating from the geographic characteristics of a region, such as the climate, soil, or topography of the region, or personal conditions like traditional production methods, the geographical indication denotes the region in which the goods are produced, manufactured, and processed.

Trademark and domain name

A domain name refers to the Internet Protocol address (IP address) of a website used to identify the location of the host server as well as ownership of the website. Trademarks indicate the source of goods while domain names indicate the host server of a website. Thanks to the emergence of e-commerce, the domain name itself also serves as an indicator of the origin of goods or services.

Cyber-squatting, the practice of registering another's trademark and then selling that trademark to the rightful owner at a higher price, has become more frequent across the internet leading to an increase in disputes over trademarks and domain names.

In the Republic of Korea, the registration of a trademark does not in principle grant its owner the right to register a domain name corresponding to the trademark or vice versa.

• Last updated 30 SEPTEMBER 2016
• Trademark Examination Policy Division