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Trademarks / Trademark Law Background Materials

Trademark Law's Roots

Trademarks and Service Marks find their roots in the hallmarks used the various craft guilds in medieval Europe. The members of a particular guild or hall would have a distinctive mark to be placed on their wares. Certain halls or guides would have a reputation for higher quality wares than other halls or guilds. As might be expected, this then led to the counterfeiting of these marks and to laws against such counterfeiting. The following materials provide some basic information about the law of trademarks and service marks today.

Trademark Law Background Materials

Trademarks and Domain Names - Basic Information.

Protecting your Trademark(s) - the registration process.

Watch that Trademark! - How to guard against trademark pirates and knockoffs. A link to our special watch service website.

May 2002 Newsletter - this issue is devoted to trademark matters.

Additional Information


The term trademark is basically a modern replacement or expansion of the term hallmark. Trademarks can be owned by guilds, associations, companies, corporations or individuals. However, the term is still traditionally used in connection with wares or goods. Trademarks can be formed from just about anything which is distinctive and identifies the source of the goods or wares.

The term trademark is still traditionally used in connection with the distinctive, source-identifying marks used on wares and goods. Since the service industry did not produce wares or goods which could be marked, the early trademark laws had no specific provisions to protect the words and logos used by the banking industry or by plumbers or by other service industry companies. But the laws of the various countries were, by the large, eventually changed to add protection for "marks" used in connection with services. Such marks are typically called service marks today. Today, the term trademark is sometimes used to refer collectively to marks used in connection with either services or goods and wares.

Domain Names, Trademarks and Service Marks are often related because many times a distinctive domain name also functions as a party's trademark or service mark. Therefore, you may well find interesting the articles we have on-line concerning Domain Names and E-Commerce.

Also, we have established a Trade Mark and Domain Name Watch Site that has important information about the need to maintain a watch for the registration of other party's trademarks and domain names, which may well interfere with your company's trademark rights.

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