Are trademarks industry specific [FAQs]

Last updated : Sept 2, 2022
Written by : Mallie Milloy
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Are trademarks industry specific

How specific is a trademark?

A trademark is always connected to the specific goods or services sold to customers with that trademark. You can't register a word, phrase, symbol, or design as a trademark without specifically identifying the goods or services being used. Your trademark isn't limited to one good or service.

What are the four classifications of trademarks?

  • Generic. A generic term is a common description that does not receive trademark protection.
  • Descriptive.
  • Suggestive.
  • Arbitrary or Fanciful.

What is the purpose of a trademark?

A trademark: Identifies the source of your goods or services. Provides legal protection for your brand. Helps you guard against counterfeiting and fraud.

What Cannot be used as trademarks?

Trademark Basics Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.

Is Nike Just Do It trademarked?

Just Do It or JDI for short (stylized as JUST DO IT. and set in Futura Bold Condensed) is a trademark of shoe company Nike, and it is one of the core components of Nike's brand. The slogan was coined in 1988 at an advertising agency meeting.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Is the Adidas logo trademarked?

All trademarks, service marks and trade names of adidas used herein (including but not limited to: the adidas name, the adidas corporate logo, the adidas trefoil Design, and the Three Stripe logo) are trademarks or registered trademarks of adidas or its affiliates.

Which category of trademark is the strongest?

The strongest types of trademarks are (1) fanciful or coined marks, such as EXXON for petroleum products; and (2) arbitrary marks, such as AMAZON for retail services.

What type of trademark is Apple?

But, Apple® has been registered as a trademark for computers. Apple® for computers is unique. Suggestive trademarks are words that suggest some quality of the goods or services, but don't state that quality of the goods or services outright.

What is the most famous trademark?

  • Amazon – 416 Billion Dollars.
  • Apple – 352 Billion Dollars.
  • Microsoft – 327 Billion Dollars.
  • Google – 324 Billion Dollars.
  • Visa – 187 Billion Dollars.
  • Alibaba – 153 Billion Dollars.
  • Tencent – 151 Billion Dollars.
  • Facebook – 147 Billion Dollars.

How many trademarks can a company have?

Only one mark per application It should come as no surprise that one trademark application can cover only one mark. In other words, you may not register multiple trademarks in a single application.

Can you trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Can I use a trademarked name for a different product?

By law, you need not request permission to use a trademark belonging to another if it is for an editorial or informational use. Trademark law protects distinctive words, phrases, logos, symbols, slogans, and any other devices used to identify and distinguish products or services in the marketplace.

Can I put a Nike logo on a shirt for personal use?

In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn't impossible, but you should never use someone else's logos on your T-shirts or other clothing without their explicit permission.

Can you put a trademark on anything?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

What is McDonald's trademark?

The word “McDonald's” is a trademark. We call this a standard character text trademark and it would be on its own USPTO trademark application if you wanted a federal registration for it. The Golden Arches is a logo, but this too is serving as a trademark. We refer to this as an image or stylized trademark.

What is Coke 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.

What is the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Can you trademark just a name?

You can register your brand name with the USPTO to protect your intellectual property from misuse. It is not immediately necessary to secure a trademark, though it could benefit your brand.

What are some 5 examples of trademarks?

  • Under Armour®
  • Twitter®
  • It's finger lickin' good! ®
  • Just do it®
  • America runs on Dunkin'®

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Are trademarks industry specific

Comment by Edythe Depaula

welcome to lawpath's legal education videos my name is damon murdock i've been a lawyer for more than 10 years today we're talking about what is the difference between copyright and trademarks now to be able to answer that question you need to know what copyright is and you need to know what trademarks are so first we'll start off with what is a copyright copyright is artistic work in written form so that is it's a song it's a poem it's a movie it's a book it's software that you've developed it's the source code or the object code of your website and look and feel that is all copyright material and copyright material is protected by the copyrights act 1968 and in essence if someone was to infringe upon your copyright the way that you protect your copyright is you normally would send a seasoned assist letter saying the wording on your website is exactly the same as mine you're infringing upon my copyright or your software is identical to my software and you must have stolen it from us and the code must be exactly the same that is the first point of difference uh between copyright in a trademark is that you allege that you were the owner of it normally the defense will be well prove that you actually own it and that's the difficult part when it comes to proving that you actually own the copyright you'll be required to issue legal proceedings normally in the federal court of australia and you will claim that you're the one that wrote it you took that picture you drew that artwork whatever it might be you will then put a statement on saying this is mine it's original work it's artistic it's in print and it's owned by me and they've infringed upon it they've copied it and this is why it's similar and they have to copy it in substantial form for it to be copyright infringement now trademarks is limited normally to a logo or to a slogan or to certain words so you can trademark the word law path law path is could be trademarked in the sale of goods or it can be trademarked in the sale of services there's different classes that you can register with ip australia and iep australia registers trademarks they also do designs and patents as well and so what you would do is you would lodge the law path logo with ip australia in legal services and that would protect anybody else in legal services sorry that would protect you or protect law path from anybody else using that logo in legal services you can also use a slogan and you might opt for that slogan in business consulting and you might do business consulting in telecommunications so you would want to register your slogan in the class of business consulting and also in the class of telecommunications and the difference between a copyright and a trademark is once you've lodged and your trademark has been registered you are now at first instance the owner of that trademark whether it's a word whether it's a logo with a slogan and it's up to them to prove otherwise and for them to prove otherwise they would have to show either you've registered your trademark in bad faith for instance you registered coca-cola knowing that coca-cola simply forgot to register in a specific class and you don't trade as coca-cola at all and you just did it in bad faith so that they pay you out or you can do concurrent use where there's two companies using it the one company has been using it for five years but never registered a trademark so they can say well we've never registered a trademark but we've always been using it and therefore we should also be allowed to use that word in that class and that would be a concurrent use application but generally speaking it's very limited limited circumstances where you can defend about against a trademark infringement so the difference between a copyright and trademark copyright you got to prove your ownership you normally have to issue legal proceedings in the federal court whereas a trademark it's registered it's searchable you have a designated date when it's been registered and first to register generally wins without some exceptions and if there's a dispute you first try to resolve it with ip australia thank you very much for watching this video if you enjoyed this video please make sure you subscribe to our youtube channel and give us a thumbs up if you have any questions visit thank you very much and i'll see you next time

Thanks for your comment Edythe Depaula, have a nice day.
- Mallie Milloy, Staff Member

Comment by aznflipb0i238

what can be registered as trademark if you're new to our lk channel please subscribe to us and don't forget to click on the bell icon to get the latest updates on new videos there are three types of trademarks to register they are name name is any set of words that create an identity it can be a business or a company name product name and abbreviates business or company name you can register your company or a business name as an intellectual property for example product name any particular product name can be registered as a trademark for example apple's ipod abbreviates any abbreviates used to represent your brand name product name or personal name for example bmw logo or device or symbol any visual representation pictorial depiction of your brand as a trademark a logo containing tagline color mark scent mark or sound mark can be wholly registered as a device trademark tagline any catchphrase slogan or a punchline assigned to your brand can be registered as a trademark for example our tagline your vision our goal nike tagline just do it there are other marks where you can register your trademark such as kalama scent mark and sound mark color mark is a trademark with a combination of colors representing your brand scent mark the brand must visually represent the products sent for it to be registered as trademark sound is any sound or music that can be registered as trademark proven its distinctively are you searching for trademark attorney for your trademark registration we at lk assist you in representing the identification of your brand please do connect with our team at reach rate or whatsapp as at 986 96235

Thanks aznflipb0i238 your participation is very much appreciated
- Mallie Milloy

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