| 词汇 | Trademark Or Mark |
| 释义 | `1`Trademark Or Mark `2` "Legal Lexicon": TRADEMARK OR MARK - A word, a name, a symbol, a device, or a combination of them that indicates the source of goods or services. Distinguishes the products or services of one business from those of others in the same field. The owner/assignee/licensee of a trademark/mark has the right to exclude others from using that trademark/mark by being the first to use it in the marketplace. Rights in a trademark/mark are obtained only through commercial use of the mark. The owner of a trademark/mark has the right to exclude others unless the trademark/mark has been abandoned. Signs, writings or tickets put upon manufactured goods, to distinguish them from others. It seems at one time to have been thought that no man acquired a right in a particular mark or stamp. But it was afterwards considered that for one man to use as his own another's name or mark, would be a fraud for which an action would lie. A court of equity will restrain a party from, using the marks of another. The principle to be extracted, after an examination of these cases, appear to be the following: First, that the first producer or vendor of any article gains no right of property in that article so as to prevent others from manufacturing, producing or vending it. Secondly, that although any other person may manufacture, produce, and sell any such article, yet he must not, in manner, either by using the same or similar marks, wrappers, labels, or devices, or colorable imitations thereof, or otherwise, hold out to the public that he is manufacturing, producing, or selling the identical article, prepared, manufactured, produced, or sold by the other; that is to say, he may not make use of the name or reputation of the other in order to sell his own preparation. Thirdly, the right to use or restrain others from using any mark or name of a firm, is in the nature of goodwill, and therefore goes to the surviving or continuing partner in such firm, and the personal representative of a deceased partner has an interest in it. Fourthly, that courts of equity in these cases only act as auxiliary to the legal right, and to prevent injury, and give a relief by account, when damages at law would be inadequate to the injury received; and they will not interfere by injunction in the first instance, unless a good legal title is shown, and even then they never preclude the parties from trying the right at law, if desired. Fifthly, if the legal title be so doubtful as not to induce the court to grant the injunction, yet it will put the parties in a position to try the legal right at law, notwithstanding the suit. Sixthly, that before the party is entitled to relief in equity, he must truly represent his title, and the mode in which he became possessed of the article for the vending of which he claims protection; it being a clear rule of courts of equity not to extend their protection to persons whose case is not founded on truth. In various countries the law regulates the rights of merchants and manufacturers as to their trade marks with great minuteness. INVALIDITY OF TRADE NAMES AND MARKS Implicit in the concept of a trade mark "is a requirement that there be direct association between the mark . . . and the services specified in the application, i.e. that it be used in such a manner that it would be readily perceived as identifying such services." In re Moody's Investor Serv., Inc., 13 U.S.P.Q.2d 2043, 2047 (T.T.A.B. 1989); see 15 U.S.C. S 1127; In re Advertising & Marketing Dev., Inc., 821 F.2d 614, 620 (Fed. Cir. 1987). mark invalid if it did not create a direct association between xxx products bearing the mark and xxx. Go to Trademark Or Mark2 |
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