What is the legal definition of a trademark?
Understanding trademarks. … A trademark is a sign or combination of signs used or proposed to be used by a person to distinguish their goods or services from those of others. Over time, trademarks come to stand for not only the actual goods or services a person or company provides, but also the reputation of the producer …
What is a trademark and what does it protect?
Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.
What are the 3 types of trademarks?
There are three different types of trademarks that can be registered:
- A word or design mark. …
- A certification mark. …
- A distinguishing guise.
What are the four types of trademarks?
Trademarks can generally be categorized into one of four categories of distinctiveness, from most to least distinctive: coined, arbitrary, suggestive and descriptive. Words and designs that lack any distinctiveness fall into a fifth category, “generic,” and cannot function as trademarks.
Is Coca Cola a trademark?
The Coca-Cola Corp owns the trademark to the name Coca-Cola, as well as the trademark on the bottle shape, and the graphic representation of their name. These are all things that help distinguish them from other cola brands and define their individual product. Coca-Cola also owns the patent on their formula.
What words Cannot be trademarked?
However, you can’t trademark:
- Proper names or likenesses without consent from the person.
- Generic terms, phrases, or the like.
- Government symbols or insignia.
- Vulgar or disparaging words or phrases.
- The likeness of a U.S. President, former or current.
- Immoral, deceptive, or scandalous words or symbols.
- Sounds or short motifs.
Can you sue someone for using your trademark?
The ultimate objective with legal proceedings is to prevent further unauthorized use of the trademark by the infringer. Not only that, but you may also seek compensation in the form of damages or an account of profits.
Is it worth it to trademark a logo?
Logos can function as trademarks just like any other brand identifier can. … In either case, if your logo is an important brand identifier – meaning, if the logo is strongly identified with your company, products, or services, then it’s worth protecting by registering it as a trademark.
Who does the trademark aim to protect?
By having a registered trade mark, you are easily able to defend yourself against anyone who uses a similar or identical domain to that of your trade mark in either the same line of trade or for fraudulent purposes.
What happens if you don’t have a trademark?
Having an officially registered trademark for your business is not actually a legal requirement. … However, if you do not have a registered trademark, the legal position is that you do not have good legal rights to your name or brand. You may not even own your name or your brand.
Is it better to trademark a name or logo?
Which One Should I Trademark? It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself.17 мая 2020 г.
How long do US trademarks last?
Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.
What are examples of trademark?
Examples of What Can Be Considered a Trademark
- A Name Is an Example of a Trademark. Louis Vuitton is an example of a name that is a trademark. …
- Symbols Have Long Been Considered Trademarks. The Nike swoosh is an example of a trademarked symbol. …
- Mascots Can Be Considered a Trademark. The gecko appears in many commercials and advertisements for Geico.
What is the strongest type of trademark?
Fanciful marks