ProperTrademarkUse.docx

Proper Trademark Use What Is a Trademark? Just as your name identifies you and distinguishes you from others, a trademark identifies the source of a product or service and distinguishes it from the source of other products or services. Trademarks vs. Service Marks In some countries, the term “trademark” refers to a source identifier that is used in connection with goods, while the term “service mark” refers to a source identifier used in connection with services. In other countries, source identifiers used with either goods or services are referred to as “trademarks.” What Is a Trademark? a logo a slogan a word a numeral a personal name a scent a color a building a sound a letter a device a shape a phrase a package design a combination of any of these Examples The word Apple® The name Giorgio Armani® The device ® The slogan Just Do It® The shape of the Coca-Cola® bottle The sound of the Yahoo!® yodel The roar of the MGM lion More Examples The art deco spire of the Chrysler Building® in New York City Tiffany’s Robin’s egg blue boxes The green and yellow colors of John Deere® agricultural and turf equipment The shape of Apple’s iPhone® device What Is a Company Name, Trade Name or Business Name? “Company name” is the name of a company as registered with the relevant authorities. “Trade name” or “business name” is the name used by a company in its business activities. A trade name cannot be registered as a trademark unless it functions as a trademark. E.g., Apple Computer, Inc. owns Apple®, registered in Class 9 for computers and computer programs. Which of the Following Terms Are Source Identifiers Capable of Operating as Trademarks? Saran Frigidaire Krazy Glue Surround Sound Hoover Rollerblade Shredded Wheat Frappuccino Esky Tabasco The Terms Marked with ® Are Trademarks Saran® wrap Frigidaire® refrigerators Krazy Glue® adhesives Surround Sound Hoover® suction cleaners Rollerblade® inline skates Shredded Wheat Frappuccino® coffee drinks