Article: Trademark

TRADEMARK


A trademark is any work, name, device, or symbol, or any combination of them adopted and used by a manufacturer or businessman to distinguish or identify his goods or services from those goods manufactured or sold by others. Though patents and copyrights are specifically provided for in the U.S. Constitution, under Article 1, Section 8, the law of trademarks is not provided for in the Constitution. Federal trademark registration is based on the Interstate Commerce Clause in Section 8 of the Constitution, meaning that trademarks must be registered both federally, and in separate states of the union.

Applying for a trademark for federal registration entails processing by the ...

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