Trademark Registration and Litigaion
What is a trademark?
A trademark is a word, phrase, symbol or
design or combination of words, phrases, symbols or designs that identifies the
goods and services of one party and distinguishes them from those of another.
As well as identifying the goods and services with which it is
associated, a mark serves as a guarantee of quality. Over the years, the
practical definition of a trademark has expanded continually. Initially only
words, numbers and designs were considered to be able to function as marks. Over
the years, however, the definition of a trademark has been expanded by judicial
decisions to include: configurations of the goods themselves, containers for the
goods, colors, fragrances, decor and ambience (for restaurants).
What
is a service mark?
While trademarks and service marks are the best
known types, there are also several others:
- Trademarks are used on products (goods) (TASTYCAKES, IBM computers).
- Service Marks are used to identify services (BURGER KING restaurant, WALT
DISNEY WORLD amusement park).
- Collective Membership Marks identify members of an organization, association
or union (PHI BETA KAPPA honorary fraternity, SAG screen actors guild).
- Collective Trademark/Service Marks are used to identify the products or
services of all of the members of an organization (BETTER BUSINESS BUREAU for
information services relating to business practices).
- Certification Marks identify marks that are used by a party other than its
owner to certify quality, origin, material, or mode of manufacture of goods or
services. These marks also show that the product or services are manufactured or
provided by members of a union or other organization. (GOOD HOUSEKEEPING
adherence to specific standards.)
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