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TeachMeFinance.com - explain Trademark Trademark -- Words, names, symbols or devises, or any combination of these, used to identify the goods of a business and to distinguish these goods from the goods of others. historic definition... Trade-mark -- Any symbol, mark, name or other characteristic or arbitrary indication adopted or used, as by a manufacturer or merchant, to designate the goods he manufactures or sells and to distinguish them from the goods of competitors. The word "trade-mark" can be used without registering it. and such use does not prevent or invalidate registration sub- M-(|uently. A trade-mark is not in this respect like a copyright or a patent right. No one has the exclusive right to publish his own works or to manufacture his own inventions unless he establishes his right under certain acts of Congress. The exclusive right to a trade-mark does not depend upon any legislative act. The courts will punish fraudulent use of a trade-mark, even if the real owner has not registered it or even if the person using it fraudulently has registered it. Registration confers no right; it serves merely as a notice of claim of ownership. It is proof of title which will avail if there is not stronger proof to the contrary. About the author Mark McCracken Author: Mark McCracken is a corporate trainer and author living in Higashi Osaka, Japan. He is the author of thousands of online articles as well as the Business English textbook, "25 Business Skills in English". Copyright © 2005 by Mark McCracken, All Rights Reserved. TeachMeFinance.com is an informational website, and should not be used as a substitute for professional financial or legal advice. TeachMeFinance.com and its owner recommend consultation with a professional financial advisor prior to any investment or financial decision. Please read our disclaimer.