Intellectual Property Law Explained - What is Trademark? | Lex Animata | by Hesham Elrafei

What is Trademark law?
By Hesham Elrafei

Trademarks are brand names or designs , which are applied to products and services.

A trademark is a distinguished word, phrase , a symbol , a fragrance or a logo , or a combination of these elements.

which is used in trade/business , to indicate the origin/source of the brand, in order to distinguish and identify the brand owner in the market.

Trademark law protects the consumer, by preventing the public confusion , as to the origin or quality of a product. and it also reward the brand owner , by maintaining his business successful reputation in the market.

Trademarks legally conflict with each other, if the use of one trademark causes public confusion as to the product being offered in the market ( likelihood of confusion )

The american law protects trademarks even if its not registered, which is also known as the Common Law Trademark Rights, in this case registration is not required to establish trademark rights, seeing that the first who use a trademark in commerce owns it.

On the other hand, Most countries require registration of a trademark , as it provides legal certainty and reinforces the position of the right holder
.
therefore any subsequent users who cause confusion as to the product or its origin , will be forced to stop using the mark , and might be liable to pay the trademark owner damages.

Lastly, Trademark is not absolute as its subject to various limits and defenses, such as abandonment, limitations on geographic area in which the mark is used , and fair use , which means that the more common and generic the word is , the less likely the trademark owner may be able to regulate it. This doctrine also protects "nominative" use of the trademark name, as is often done by competitors in marketing materials.

[mumblingmeow]

Thank you so much for all these videos! Can't stress enough how helpful these are during last minute revisions before exam.

[meshackmartins]

Thank you for the video, it's very helpful I understanding Trademarks, do you have a follow up video to this one which is still on Trademarks?

[LSANTUTORIALS]

So basically a trademark will only be needed if I sell a product?

[PaulGrelon]

Great video. Big fan of your channel. Keep the good work up! :)

Thought your use of McDonalds when making a point about "the origin and quality of a product" very ironic though. Was that on purpose?

[WeDoHebrew]

Thanks for the great video! I'm a one man operation starting an online Hebrew language school on a very tight budget. My products are my classes and media files I'm producing and sending the customer. I don't have a prediction of my growth, as I am also occupied with other fields of operation in my life. However, I don't live in Israel anymore- I live and am registered in Germany. Most of my clients are from the US and the EU. Is there a an automatic protection like the US's "common law trademark rights" in some other countries as well? What would be my best move? The costs of trademarking internationally look so intimidating, I'm thinking about just buying any URL related to my brand name and suffice with that. Thanks!

[InnovAUChannel]

Nice simple explanatory video! I'm studying IP Law right now so this definitely helps.

[mania]

Thanks, but still confused a little bit, if a brand has registered for trademark, then you cannot sell exact the same product with a totally different logo and business name?

[hawaldarsingh]

very helpful video for my exame point of view

[JaneDoeMoto]

So let's say that someone has registered Moto Madness Apparel and also owns a coffee company called High Voltage Coffee Co. If I wanted to start a coffee company called Moto Madness Coffee Co. -- could this be infringing on their trademark?

(I used fake names here to protect my idea).

[lnkinc]

Hi. May I ask if I want to trade mark a name of socks that I came up with is that possible ?

[jeffsuggs]

can someone get a trademark company name while being sued over a domaim. I won the first case and the ICANN ruled in my favor but nows he's sueing me in civil court. This started in 2016 to present day. while this has been going on, he got a trademark on his company name. I obtained my domain first, The guy sueing got his a month later.

[irenegaitho]

Thank you for the videos, very helpful. Good work.

[cyborglawpolice]

#TrademarkLaws #Intelligence #EarthAwareness #Infringement #TM #™

[jwlucasfilms]

Why was every pronoun in this vid "him/his".... great video, but, women own business and create art too...