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trademark

Defined in 3 dictionaries — Case Law, U.S. Code, Ballentine's (1916)

Definitions from Case Law

From 240 U.S. 403 - Hanover Star Milling Co. v. Metcalf · 1916Most cited · 1,666 citing opinions

The redress that is accorded in trademark cases is based upon the party's right to be protected in the good will of a trade or business. The primary and proper function of a trademark is to identify the origin or ownership of the article to which it is affixed. The essence of the wrong consists in the sale of the goods of one manufacturer or vendor for those of another.

Show all 5 Supreme Court definitions and how they changed over time 1911–1916

United States Code

10 U.S.C. § 2260 — in this section (2 versions over time)

The terms “trademark”, “service mark”, “certification mark”, and “collective mark” have the meanings given such terms in section 45 of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1127).

15 U.S.C. § 1127 — in this section

The term “trademark” includes any word, name, symbol, or device, or any combination thereof—

(1) used by a person, or

(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,

to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.

15 U.S.C. § 2801 — as used in this subchapter

The term “trademark” means any trademark, trade name, service mark, or other identifying symbol or name.

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Ballentine's Law Dictionary

James A. Ballentine · 1916

A symbol, device, word, or mark adopted and exclusively used by a maker or vendor of goods, or other articles, to distinguish them from goods or articles of the same kind made or sold by others. See 47 Am. Dec. 284, note.