Trademark

Definition

A distinctive sign, symbol, word, phrase, or design identifying and distinguishing a business's goods or services from others, protected by intellectual property law. While primarily an IP concern, trademarks intersect with privacy in several contexts: business names and logos may appear in privacy policies and disclosures, organizations collecting data about trademark usage or brand preferences should treat it as personal data, trademark enforcement may require processing personal information about potential infringers, and trademark licensing involves contractual relationships potentially implicating data processing. Organizations should: properly attribute trademarks in privacy documentation, obtain rights to use third-party trademarks in policies or interfaces, consider data subject rights when processing data for trademark enforcement, and include IP provisions in data processing agreements when trademark holders license products involving data processing. From a transparency perspective, privacy policies should clearly identify the controller's legal entity name and any relevant trademarks to avoid confusion about who is responsible for data practices.

Applicable Laws & Regulations

  1. 1Lanham Act (U.S. Trademark Law)
  2. 2EU Trademark Regulation
  3. 3GDPR (for processing related to enforcement)

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