The term trademark refers to a recognizable sign, phrase, word or symbol that designates a particular product and legally distinguishes it from all other products of its kind. A trademark identifies a product only as belonging to a particular company and acknowledges ownership of the trademark by the company. Trademarks are generally considered a form of intellectual property and may or may not be registered. For example, the words “dry” and “baby” may describe diapers, but on their own they cannot be registered because they lack distinctiveness. However, if you put the two together in a brand called “Baby Dry”, it would be a valuable mark because of its distinctive nature. The use of a trademark prevents others from using the products or services of a company or person without their permission. They also prohibit all trademarks that present a likelihood of confusion with an existing trademark. This means that a company cannot use a symbol or brand name if it looks or sounds similar, or if it has a similar meaning to what is already in books, especially if the goods or services are related. For example, a soft drink company can`t legally use a symbol that looks like Coca-Cola, and it can`t use a name that sounds like Coca-Cola. Trademarks are very different from patents and copyrights. A patent confers on its inventor the rights of design, process and invention on a land. To be registered, the inventor must disclose the entire invention – design and process – through the USPTO.
This gives the inventor full protection over the product or service in question for a certain period of time – usually 20 years. Anyone can use the invention by producing, marketing and selling it after the patent expires. This is common in the pharmaceutical industry. A pharmaceutical company that patents a drug has exclusive rights to it for a certain period of time before other companies can market and sell generic brands to the public. Yes, if the words have a distinctive meaning. However, the burden of proof lies with the person seeking to obtain the mark. A phrase, word, symbol, device, or even color are all suitable for a brand. Anything that distinguishes your party`s or company`s property from others is eligible. However, the article must be used in a commercial setting to obtain the protection of the law. Trademarks have a term of protection of 10 years. Under the Consumer Protection Act, no one can steal your domain name. If you have a business and someone uses the same name or logo for non-commercial purposes, you`re covered.
Even Morgan Freeman had his name protected to take over www.morganfreeman.com, as it was discovered that the owner of the site was using the domain in bad faith. As mentioned above, trademarks are also used as an effective way to market brand names. In fact, the power of branding in business is crucial and can fill volume, and the use of brands in marketing is legendary. Some brands, like Kleenex, are so important and have such successful brand identities that they have almost replaced the name that was the original word for the item or service, such as asking for a Kleenex instead of a handkerchief. Kimberly Clark (KMB) owns the Kleenex brand and launched the brand in 1924 as a disposable tissue to remove cosmetics. In 1930, the company reintroduced the brand, this time replacing handkerchiefs. Since then, Kleenex has been the world`s best-selling facial wipe. Trademarks in the United States are registered with the United States Patent and Trademark Office (USPTO) and marked with the ® symbol. However, trademarks do not need to be registered to confer intellectual property rights on the company or individuals.
Unregistered trademarks can be recognized by the ™ symbol. By using this symbol, the trademark user indicates that he is using the common law to protect his interests. Trademarks not only help distinguish products within the legal and trading system, but equally important – with consumers. They are used to identify and protect words and design elements that identify the source, owner, or developer of a product or service. These can be company logos, slogans, ribbons, or a product`s brand name. Similar to a trademark, a service mark identifies and distinguishes the source of a service rather than a product, and the term trademark is often used to refer to both trademarks and service marks. Distinctiveness is also important for maintaining a valuable trademark. Over time, the distinctiveness of a mark may diminish, resulting in serious backlash.
If a trademark is used too often, it becomes a generic name for a product. This means that the trademark owner does not have standing to sue if another company uses the product. Similarly, we usually do not ask for a “self-adhesive dressing with sterile cotton lining”, but rather a dressing. Consumer and pharmaceutical giant Johnson & Johnson (JNJ) began making sterile gauze dressings as early as 1887. But it wasn`t until 1920 that the company launched its BAND-AID® adhesive dressing. A cotton buyer for Johnson & Johnson, Earle Dickson, invented the patch: copyright, on the other hand, protects intellectual property owners to legally copy it. Copyright owners and those with authority may reproduce the associated work for a period of time solely for profit – usually up to 70 years after their death. Software, art, film, music and drawings are just a few examples of copyrighted works. However, brand names, slogans and logos are not registered. In order to obtain copyright and prevent copyright infringement, the applicant must file an application with the U.S. Copyright Office. The trademark right never expires.
This means that the owner has the right to the trademark for the life of the product or service. But there are some exceptions. The user is obliged to use the trademark continuously and legally in order to be able to use the trademark rights. Thus, a company or individual must regularly manufacture, produce, market and sell a product with a particular trademark for trademark law to be enforceable. This can be done every five years by filing a Section 8 declaration by the USPTO. Failure to submit it may result in the loss of the recording. A brand is valuable and flexible. Logos, symbols, words and even colors can be trademarks. The only difference is that the brand cannot affect the products in question. For example, you cannot register a tinted glass trademark because the tint directly affects the product. You only have the right to sue someone if they use your logo for a similar idea or service. In most cases, a lawyer would write and send a cease and desist letter.
If this does not deter the other party, you will have to sue in federal court. However, a lawsuit is one of the best reasons to get a trademark. Brands can be bought and sold. For example, Nike (NKE) bought the instantly recognizable swoosh logo from a graphic design student in 1971 for a one-time price of $35. Trademarks may also be licensed to other companies for an agreed period of time or under certain conditions, which may result in cross-trademarks. Take, for example, the relationship LEGO has with certain film franchises. The privately held company licenses to many well-known sub-brands, such as Star Wars and DC Comics, to make LEGO versions of popular products. A trademark legally protects you if someone steals your logo or violates your idea. However, the use of an unregistered trademark is still effective. By using the brand logo (TM), you can always protect yourself.
Any company that uses a similar logo must bear the burden of proof. As a general rule, an unregistered trademark is effective in a restricted geographical environment. Domestic companies must register for nationwide legal protection. The legislator has also established commercial presentations. This clause states that companies cannot package goods or services to indicate that the product comes from a third party. Coca-Cola bottles and distinctive packaging or decorations fall under this protection. However, it does not have to be functional and original to maintain the protection of the law under trade dress. The company name, logo, and icon must have separate applications. If you only have the funds to file one, make sure it`s a standard character claim.
Comments are closed.