Trademark
A trademark is a distinctive word, name, symbol, or device which enables consumers to identify PRODUCTs or SERVICES. Trademarks support business efforts to create brand recognition, preference, and EQUITY, providing marketers a strategic advantage over generic products. Service marks that distinguish services; certification marks that certify origin, method of PRODUCTION, quality, or some other aspect of a product; and collective marks that are trademarks for organizations are all protected under federal legislation. In the United States, trademarks are protected by state and federal registrations and by COMMON LAW. The principal U.S. trademark law is the Lanham Act (1946). The major consideration in federal trademark registration is whether the mark distinguishes the seller’s product from competitors’ offerings. Distinctiveness is categorized as
• arbitrary or fanciful marks that are unique but do not describe a product’s qualities. Coke is an example of a unique trademark. The Coca-Cola Company has protected the distinctiveness of its product to avoid losing its trademark status. Cola was a trademark but is now a generic name.
• suggestive marks conveying a product’s nature. Dietene is a trademark for a dietary supplement, suggesting but not fully describing the product.
• descriptive marks that directly describe the product or service. Rubbermaid is an example of a descriptive trademark.
Federal registration of trademarks protects the user for 10 years. Unlike U.S. PATENTs and COPYRIGHTs, trademarks may be renewed every 10 years. Businesses can lose trademark rights by abandonment or if a mark acquires a generic meaning, referring to a class of products or services rather than a particular product or service. Aspirin, linoleum, nylon, and kerosene are all examples of onceprotected trademarks that are now generic names. The Federal Trademark Dilution Act (1995) increased trademark holders’ right to sue for infringement on their rights. The act allows a trademark holder “to seek legal relief when another party’s commercial use of a substantially similar version of the famous mark causes ‘dilution of [the mark’s] distinctive quality’.” Infringement can also be claimed when similar versions of a trademark are likely to cause confusion concerning source, endorsement, or affiliation of a product or service.
Trademark
A trademark is a distinctive word, name, symbol, or device which enables consumers to identify PRODUCTs or SERVICES. Trademarks support business efforts to create brand recognition, preference, and EQUITY, providing marketers a strategic advantage over generic products. Service marks that distinguish services; certification marks that certify origin, method of PRODUCTION, quality, or some other aspect of a product; and collective marks that are trademarks for organizations are all protected under federal legislation. In the United States, trademarks are protected by state and federal registrations and by COMMON LAW. The principal U.S. trademark law is the Lanham Act (1946). The major consideration in federal trademark registration is whether the mark distinguishes the seller’s product from competitors’ offerings. Distinctiveness is categorized as
• arbitrary or fanciful marks that are unique but do not describe a product’s qualities. Coke is an example of a unique trademark. The Coca-Cola Company has protected the distinctiveness of its product to avoid losing its trademark status. Cola was a trademark but is now a generic name.
• suggestive marks conveying a product’s nature. Dietene is a trademark for a dietary supplement, suggesting but not fully describing the product.
• descriptive marks that directly describe the product or service. Rubbermaid is an example of a descriptive trademark.
Federal registration of trademarks protects the user for 10 years. Unlike U.S. PATENTs and COPYRIGHTs, trademarks may be renewed every 10 years. Businesses can lose trademark rights by abandonment or if a mark acquires a generic meaning, referring to a class of products or services rather than a particular product or service. Aspirin, linoleum, nylon, and kerosene are all examples of onceprotected trademarks that are now generic names. The Federal Trademark Dilution Act (1995) increased trademark holders’ right to sue for infringement on their rights. The act allows a trademark holder “to seek legal relief when another party’s commercial use of a substantially similar version of the famous mark causes ‘dilution of [the mark’s] distinctive quality’.” Infringement can also be claimed when similar versions of a trademark are likely to cause confusion concerning source, endorsement, or affiliation of a product or service.