Table of Contents
Written by : Pablo Beerling
Current : 511
Write a comment
Write a comment
hi everyone we are now in lesson 3 and this is all about trademark trademark is still under the intellectual property rights so let's find out what trademark is all about all right so here there are types of trademarks and then for example the shape there are things that associated actually the trademarks like the shape and then the name for instance you have there the product name coca-cola and we have here the symbol i know you're familiar with that and then the slogan itself and color also the logo type so let's talk about this in the following uh discussions so basically those are the different types of trademarks so here have you heard about trademark or the previous slide have you seen that kind of a particular novel in a different products that you have so that would comprises the trademark so there are five categories of trademarks we have here principal arbitrary suggestive descriptive and generic so let's talk about this um five categories in the next slides so let's first define what is a trademark so a trademark is a distinctive sign that identifies certain goods or services produced or provided by an individual or a company its origin dates back to ancient times when crops men reproduced their signatures or marks on their artistic works or products of your functional or practical nature to make it as their home or that would also mean their identity of their creation over the years these marks have evolved into into today's system of trademark registration and protection the system helps consumers to identify and purchase a product or service based on whether its specific characteristics and quality as indicated by its unique trademark which also meet our needs and then what to do um what do trademarks do trademark protection in stores that owners of marx have exclusive right to use them to identify goods or services or to authorize others to use them in return for payment the trademark only allows the owner to copy produce profit from and use the mark a trademark holder can take legal action against someone who infringes on trademark in federal court so these are the things okay the term we need to bear in mind so the first one is generic mark actually does not qualify for trademark unless uh includes more specific detail one example of a generic mark is the phrase the ice school shop offering trademark protection on something this generic would restrict all other shops that sell ice cream products so in order to qualify a generic mark for a trademark it needs to describe quantities characteristics or ingredients of the good your business saves then we have descriptive mark it identifies one or more characteristics of a product or service and it only serves to describe the product it has unique elements that qualify it for protection under trademark laws such as it must have secondary meaning such as amount and manner of advertising volume and sales length and manner of marks use or results of consumer surveys to quantify so that is a descriptive mark this means that consumers must recognize the mark and identify it with the brand okay so to qualify as a descriptive mark it should evolve from what the brand represents to who the brand represents us then we have suggested a suggestive implies something about the good or service a mark is in this category typically qualifies for protection without requiring a secondary meaning so the term suggestive means that the consumer must use the imagination to figure out what services or goods the company offers one example is the luxury automotive brand job war are you familiar with that it suggests speed and agility but does not immediately convey a car manufacturer so that is an example of suggestive then let's have fun support is a term name or logo that is different from anything else that exists this category is the easiest for obtaining trademark protection because it typically does not compete with anything else or become too generic examples of ansible marks include product nike and adidas these words don't hold any meaning in common language right so trademarking them doesn't infringe on the rights of the other companies that offer similar products then we have arbitrary mark might include a term or phrase with a well-known meaning but the meaning in its case is different the best example of arbitrary mark is apple the brand apple the computer and electronics manufacturing an apple is a familiar term but in this case the mark does not have anything to do with the general meaning of the term so for companies that offer services they can use service mark it is the same as trademark but it distinguishes a company that provides services instead of products a service mark still falls under the legal trademark laws and must be registered with a uspto a common example of a service mark would be the mcdonald's service mark since it is used to represent the services provided so that is an example an additional form of legal protection for distinguishing businesses is trade dress which includes identifying features of a product or a company such as packaging elements decor items and other similar concepts product features don't usually fall under a type of trademark for legal protection but instead under trade rest protections so that's the term if a consumer identifies a specific feature or features with a brand or company instead of the actual product the case of trade dress protection is strong one example of tray dress is the battle of glycerin mouthwash you're familiar with that the unique flat shape of the battle is easily identifiable to consumers looking for elizabeth so it qualified for protection which restricts others from producing a confusingly similar battle design okay so there are examples of trademarks here so yeah there's starbucks coffee other brand puma almost every brand logo you can think of has a trademark right and there is the sign card register the categories and trademarks designate how unique the mark is and how much protection it offers in legal situations other trademark types include certification marks collected membership works and collected trademarks certification marks identifying which authority provides certification of views while collective membership marks are for members of an organization collective or association this type of trademark shows the membership of each person and distinguishes the services or products from those who don't belong to the group collected trademarks offer protection for a group of people who own the symbol local design phrase or work together so those are the things that you need to know if you want to apply for a trademark i believe in the previous lessons that we have when you submitted to me the modules that you had actually you have a very nice creation of your own logo and product design so you'll never know you might as well end up thinking of improving your output and then apply in the trademark soon so why are types of trademarks important when applying for trademark protection it's important to understand the differences between each type if your phrase word symbol or love is too generic it will be diffi
Thanks for your comment Russell Osias, have a nice day.
- Pablo Beerling, Staff Member
some common examples of trademarks are probably things that you see in your day-to-day life maybe even looking at the computer screen right now um you know things like apple or samsung or things on your car like toyota or honda they all tell you a lot about where that product came from and what you can associate it with they don't just have to be the word either so oftentimes we think of trademarks that are stylized if i think about amazon every single time i think about it i think of amazon with that arrow underneath so there's a lot of different ways that you can bring a trademark to life even beyond just the word um another thing to consider is that trademarks don't have to be something that labels a physical product so there are some common trademarks out there that are applied to services things like fedex or google or visa or the logo that goes with bbc like the british broadcasting corporation so there's lots of them that are associated with services as well as just products and then you can get a little bit more abstract with some trademarks as well so sometimes a trademark doesn't have a word in it at all you can have trademarks that are just a visual design the consumers still associate with your product things like the nike swoosh or um the arches the golden arches that you think of with mcdonald's or the siren logo for starbucks the the two-tailed mermaid right and you see these things you associate them with a brand even if no words are involved um and in some cases and these are some rarer cases um trademarks can even be things like a color if it's very very well known to consumers things like the tiffany blue box right um or they could be a sound like the station chimes for nbc um it can be a video like if you turn on your computer and you see the microsoft windows video come up um during your startup that can be a trademark as well so they can get a little bit more abstract although those are certainly less common and we can see that trademarks can evolve over time as well so if you see things like that the google doodle the google font those are ways that the google trademark the logo that you know and love can evolve a little bit over time and working at procter gamble i know i've seen it happen one of my one of my clients i like to say is mr clean um who i i've worked with before and he certainly updated his trademarked look so so there's a lot of things that change over time um you know one other thing to consider too about trademarks is that they can be linked to different owners so the example that comes to mind for me is delta right um if i tell you delta is a brand you might be thinking of the airlines which would make sense but you might also think of delta faucets or you might think of delta dental which is you know dental services company so it's very possible for trademarks to still function as a trademark but for the same exact mark to be associated with different goods and still not cause an infringement conflict
Thanks Cyndi your participation is very much appreciated
- Pablo Beerling
About the author
I've studied solid state physics at The College of St. Scholastica in Duluth and I am an expert in computational biology. I usually feel rushed. My previous job was sales promoter I held this position for 4 years, I love talking about birdwatching and korfball. Huge fan of Wayne Gretzky I practice boxing and collect eggs.
Try Not to laugh !
Joke resides here...