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Trademark Help Pages
Daily Terms

Passing Off

Definition:
Trademark infringement where the infringer intentionally meant to mislead or deceive purchasers.

Goodwill

Definition:
The value of a business or of a line of goods or services, beyond its tangible assets, that reflects its commercial reputation.

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Trademark FAQs - related questions & answers


Question: What is a service mark?

Answer:

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from services provided by others.




Question: Can I use a company name and logo if I want to complain about a company?

Answer:
Yes. While trademark law stops the use of someone else's trademark to sell your competing products, it doesn't stop you from using the trademark to refer to the trademark owner or its products.




Question: What is a specimen?

Answer:
A specimen is a real-world example of how the mark or logo is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark.