This is the most familiar branch of intellectual property law. On a daily basis, everyone sees, uses and makes many decisions on the basis of trademarks. For instance, you probably decided to purchase your car, your appliances, much of the packages food in your residence, your magazines, your computer, and your watch on the basis of their trademarks, at least to some extent. I believe that trademarks originated in 16th century Britain when silversmiths began putting their initials on their products. Naturally, disreputable competitors seeking to capitalize on a well-known silversmith’s reputation soon came along and counterfeited the “trade mark” on copycat silverware. Judges were called upon to sort our rights in the mark and lo, trademark law was born!
Trademarks Defined
In its most literal meaning, a trademark is any word or other symbol that is consistently attached to, or forms part of, a product or it’s packaging to identify and distinguish it from others in the marketplace. In other words, a trademark is a brand name.
An example of a word trademark is Kodak; a brand of camera. In addition to words, trademarks can can be other symbols, such as designs or logos ( the Nike swoosh), sounds (the NBC chimes), smells, and even colors. For example, the PTO recently granted a trademark registration on a specific color used for a line of dry-cleaning ironing pads. The shape of an object (such as truncated, contrasting, conical top of Cross pens) can even be a trademark, provided (1) the shape doesn’t provide a superior function, and (2) the shape has become associated in the minds of the purchasing public with the manufacturer (known in trademark terms as “secondary meaning”).
Many Patented goods or processes are also covered by trademarks. For example, Xerox photocopiers have many patents on their internal parts, and also are sold under the well-known Xerox trademark. Without patents, people could copy the internal parts, but Xerox would still have a monopoly on its valuable and widely recognized trademark.
What is a trademark?
What does a trademark protect?
What is the difference between ™ and ® ?
What does it cost to get a trademark registered?
Do I need a registered trademark?
What common problems come up during the registration process?
But I saw a story about someone that trademarked a stupid phrase that’s been in use for years.
Help! Someone is using my mark!
Help! I want to use something close to someone else’s mark!
Why shouldn’t I file the application myself or have an online service file it for me?
Can I trademark my name?