Can be considered as a trademark [Expert Guide]

Last updated : Sept 8, 2022

Can devices be considered as trademarks?

Registering a device mark prevents the third parties from using a similar logo or design for their products or services, rather than the words incorporated in the logo. Examples of a device mark trademark are – The Android symbol, Apple Logo, etc.

What Cannot be registered as a trademark?

Names Which Cannot Be Registered Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.

What are some 5 examples of trademarks?

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

What are the types of trademark?

• Product Mark. Product mark is a mark that is used on a good or on a product rather than on a service.
• Service Mark. Service mark is similar to the product mark but a service mark is used to represent a service rather than a product.
• Collective Mark.
• Certification Mark.
• Shape Mark.
• Pattern Mark.
• Sound Mark.

What can be registered as a trademark?

• Words – eg company name or product name.
• Letters.
• Numerals.
• Designs – eg shapes, symbols, patterns, logos and signs.
• Colours.
• Sounds – eg jingles.
• Shapes of goods or packaging – eg three dimensional (3d) shapes.

What are well known trademarks?

As per Section 2(zg) of the Act, a well-known trademark is defined as “in relation to any goods or services, means an mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be ...

What are 4 examples of trademarks?

• Brand names like Apple, McDonald's, and Dolce & Gabbana.
• Product names like iPod and Big Mac.
• Company logos like the golden arches at McDonald's and NBC's peacock logo.
• Slogans like Capital One's "What's in your wallet?" and McDonald's "I'm lovin' it"

What are 3 items that can be trademarked?

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.

What is trademark and its example?

What is a Trademark? A trademark is a unique symbol or word(s) used to represent a business or its products. Once registered, that same symbol or series of words cannot be used by any other organization, forever, as long as it remains in use and proper paperwork and fees are paid.

What is a trademark name?

A registered trademark gives you exclusive rights to identify your product or service with that name, informs everyone that you are the owner of that trademark, and bars others from using it or piggybacking on your brand.

How many trademarks are there?

There were an estimated 64.4 million active trademark registrations worldwide in 2020 – up 11.2% on 2019, with 30.2 million in China alone, followed by 2.6 million in the U.S., and 2.4 million in India.

Is logo a trademark?

Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.

What makes a trademark?

Definition. A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. See 15 U.S.C.

Who can trademark a name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

What is the first trademark?

A design mark with an eagle and a ribbon and the words "Economical, Beautiful, and Durable" was the first registered trademark, filed by the Averill Chemical Paint Company on 30 August 1870 under the Trademark Act of 1870.

What is domain name in trademark?

Domain name A domain name is a unique string of letters that is a part of an internet address. It is common for a domain name to be the same or similar to a trade mark or a business name. Trade mark A trade mark is any sign which can tell apart your goods and services from those of your competitors.

What does a trademark protect?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

Which of the following identifies as a trademark Mcq?

Which of the following identifies as a trademark? Explanation: The name, symbol, and logo help customers to identify products quickly and prevents duplicity. All the names, symbol, logo are trademarks of a certain manufacturer, company.

Which of the following is example of trademark?

Coca-Cola is a perfect example of a word that is a trademark. Coca-Cola® is a famous trademark for, among other things, soft drinks. This mark is registered in standard character form and is not limited to a particular font style, size, or color.

What is a trademark in business?

A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It's how customers recognize you in the marketplace and distinguish you from your competitors.

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hi i'm stan muller this is crash course intellectual property and today we're talking about trademarks trademarks are everywhere and they can often be confusing so today we're going to talk about why just about everything seems to be trademarked and why trademarks are good for business mr mueller trademarks don't intersect with my life so i really don't see why we need to cover this one it's mueller and two just watch the video a trademark is any word name symbol or device used to identify and distinguish goods from those manufactured or sold by others and to indicate the source of the goods even if that source is unknown this bit about unknown sources means that you as a consumer don't usually know the person or factory that actually made the goods you buy before the industrial revolution you often knew exactly who was making your stuff and how it was made if you wanted a hammer you went to the blacksmith and you knew his name it was probably smith these days brand names assure you that you're buying the same product say toilet paper that you bought last time you went shopping you know like the stuff with the ripples seriously though getting the wrong medication because of brand name confusion or counterfeiting could be disastrous the rationale for granting legal protection for trademarks is that they're a type of property it demonstrates to the purchasing public a standard of quality and embodies the goodwill and advertising investment of its owner in other words companies expend a tremendous amount of resources to develop the product market it to customers and provide customer support and back up their product with warranties at its core trademark law functions as a consumer protection measure it prevents consumer confusion and makes it easier for consumers to select and purchase the goods and services they want for example if you go shopping for a new television you don't have to sift through dozens of products that are confusingly similar to samsung knockoffs like samsung or wamsung or sony you want the samsung maybe based on past experience or the company's reputation or even a funny ad because the law protects the manufacturer's use of the trademark you can be reasonably sure that the tv you're picking up at best buy is the tv you saw the verge reporters freaking out about at ces though trademarks are often classified as intellectual property the supreme court held in the 1879 trademark cases that congress has no power to protect or regulate trademarks under the intellectual property clause of the constitution which as you'll recall provides congress with the authority to regulate and protect copyrights and patents but this didn't stop congress from regulating trademarks they used the commerce clause of the constitution which gives them the power to regulate commerce with foreign nations and among the several states and with the indian tribes beyond trademarks there are also service marks which are very similar in that they distinguish one particular service an example of a service mark is that roaring lion at the beginning of mgm movies it's registered for motion picture production or something trade dress or product packaging is protected if it's distinctive and non-functional like the shape of a nutter butter cookie is protected trade dress what they ought to trademark is the smell some people have registered smells and we'll get to that in a minute trademarks are symbols and since human beings might use as a symbol or device almost anything that is capable of carrying meaning just about any conceivable thing can function as a trademark trademarks can be words like craft or lego logos designs like the nike swoosh aromas like there's a brand of oil for race cars that smells like cherries sounds like bong bong bong or bada or bada papa even though is a registered trademark you can register colors like ups brown or home depot orange or tiffany blue or john deere green personal names like taylor swift t swizzy's name is registered for 61 different goods and services from shoes to christmas tree ornaments even containers like the coca-cola bottle or this perfume bottle shaped like a human skull can be registered in short they can be almost anything that distinguishes the product from others and which signifies the source of the goods despite the breadth of potential trademark subject matter there are some limits on what can be a valid trademark recently a restaurant in texas asserted trademark rights in the flavor of its pizza one of the restaurant's former employees allegedly stole the recipe and opened up a competing pizza joint selling pizzas that tasted a lot like those made by his former employer the judge rejected the claim and dismissed the case finding that it is unlikely that flavors can ever be inherently distinctive because they do not automatically suggest a product source also functional product features are not protectable under trademark law pizza has only one function that's to taste delicious so there are three requirements for trademarks we just discussed the first one that a trademark has to be a symbol or device that a court or the patent and trademark office deems to qualify the second requirement is that the mark has to be used in interstate commerce and the third is that it has to identify the mark owner's goods and distinguish them from those manufactured or sold by others it has to be distinctive let's talk about trademarks and what makes them distinctive in the thought window quartz rank trademark distinctiveness along a spectrum ranging from unprotectable to highly protectable at the bottom end of the spectrum is generic generic names refer to stuff like using the word orange for the fruit or dog for the canine or cheese for cheese descriptive terms simply describe the goods and convey an immediate idea of what the product is such as break and bake for scored cookie dough suggestive marks require some imagination or perception to link them to the goods like chic for middle eastern food or fruit loops for a circular fruit flavored breakfast cereal arbitrary marks are common words used in unexpected ways apple for computers or amazon for book sales or shelf for gasoline the most distinctive marks are usually made up words fanciful marks are non-dictionary words such as google for an internet search engine or clorox for bleach or kodak for film fanciful arbitrary and suggestive marks receive automatic protection upon use because they're considered to be inherently distinctive so the owner of the break and bake mark has to show that consumers identify the product with nabisco or pillsbury or whoever makes the product i honestly don't know who makes it which isn't a good sign as to whether it's acquired secondary meaning generic terms are never entitled to protection this becomes important when trademarks are gradually assimilated into the language as common names through a process sometimes called generocide the public comes to view such names as referring to the products themselves rather than as distinguishing the source of the products as a result the name loses its protection words like escalators cel

Thanks for your comment Chung Amela, have a nice day.
- Sterling Revelle, Staff Member

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 lk.com or whatsapp as at 986 96235

Thanks updattyestapy4 your participation is very much appreciated
- Sterling Revelle

About the author

Sterling Revelle

I've studied architecture at William Jewell College in Liberty and I am an expert in information theory. I usually feel naughty. My previous job was film editor I held this position for 30 years, I love talking about climbing and shopping. Huge fan of Martin Kemp I practice skeleton and collect sports cards.