Trademarks are used all over the world, as a way to indicate and identify products and services that originate from a particular entity. A trademark is also known as a trade mark or a trade-mark, with various symbols used to designate different trademarks in particular situations. The three chief symbols that are used for trademarks are unregistered trade marks, unregistered service marks, and registered trade marks. In order to obtain a trademark registration (Markenanmeldung) , it is necessary to make an application at the local trademarks office or trademarks registry, with different jurisdictions around the world using different names for these entities. Having a registered trademark can go a long way towards the legal protection of goods, services, and intellectual property, although the different laws regarding trademark enforcement differ around the world. In the United States, the registration process involves the application for a Certificate of Registration, which is examined by an examining attorney for the U.S. Patent and Trademark Office.
Trademark owners typically have the right to commence legal proceedings for various trademark infringements, to prevent other entities from using a particular trademark. However, the exact rights that apply to trademark registrations differ around the world, with unregistered rights also able to be enforced in some jurisdictions. In cases such as this, common law rights may apply, although they typically only apply within a certain geographical area. In other countries around the world, much the same process of trademark registration takes place, with a local registration body available to examine applications and register trademarks. However, there is one notable exception in many non US countries, with registrations examined and registration actually occurring prior to an opposition proceeding. In contrast, US trademark registrations have an opposition period before the trademark can be enforced.
A registered trademark is essential to many businesses around the world, because it acts as a way to enforce the rights to a particular type of intellectual property or product. Not only does this allow a business to protect its interests, but it also enables a business with an avenue of enforcement in situations where a breach does occur. In most countries around the world, a trademark can only be registered if it is possible to distinguish the goods or services of one entity in relation to another.