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Find a Trademarks Lawyer

Trademarks are distinctive symbols, pictures, or words (or a combination of any or all of these) that uniquely identify and/or distinguish a product on the market.

Trademarks may also, in certain instances, be granted to such things as unique packaging (the distinctive shape of a Coca-Cola® bottle, for example), unique color combinations, unique product styles, or even unique building designs.

Trademark status may also be assigned to products not necessarily unique but still identified with a particular seller in such an indelible way that it develops a uniqueness in and of itself (anyone can sell fried chicken, for example, but only Kentucky Fried Chicken can identify their chicken with the “KFC” label).

(Service marks are the legal equivalent to trademarks only they apply to services rather than products.)

Whoever owns a trademark has the exclusive right to use or otherwise exploit it in regards to the product to which it applies.

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By Michael Willis