A type of
Intellectual Property (IP), a trademark is a word, name, symbol, colour, sound, moving image, hologram, 3-D shape, scent, taste or texture or other device (or any combination of them) used to indicate the source or origin of goods and distinguish the goods of one party from those of another. A service mark (which is a US term) is the same as a trademark, except that it identifies the source of a service rather than a good. Trademark owners generally have the right to exclude others from using their trademarks for the same or similar goods or services. While registration of a trademark is not required, it provides additional rights and benefits beyond those available under common law. In Canada, trademark law is governed by the Trademarks Act, R.S.C. 1985, c. T-13.