What does a trademark protect quizlet [No Fluff]



Last updated : Sept 3, 2022
Written by : Micaela Rodarte
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What does a trademark protect quizlet

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.

What is trademark quizlet?

trademark definition. any word, name, symbol, or device; any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others. a trademark can be. name of a company, name of product, or symbol that represents it.

Which is the correct definition of 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.

What is the primary purpose of trademark law quizlet?

Trademark Law- gives protection to the owner of a name or emblem and prohibits others from palming off goods or business as the goods or business of the original source.

What is not protected by trademark?

Generic terms are not protected by trademark because they refer to a general class of products rather than indicating a unique source.

Does a trademark protect a design?

Both trade marks and design rights can protect the shape, colour, and branding on products.

What marks are trademark protected quizlet?

Any word, name, symbol, or design, or any combination, used in commerce to identify and distinguish the goods of one manufacturer or seller. words, phrases, logos, and symbols. Shapes, sounds, fragrances, and colors can be trademarked.

What are the main benefits of a registered trademark quizlet?

What are the main benefits of a registered trademark? throughout the territorial limits of the United States. recovery of profits, damages, and costs. - It establishes incontestable rights regarding the commercial use of the mark.

What is a benefit of registering a trademark quizlet?

Perhaps the most important advantage is that federally registered trademarks are national is scope, regardless of the actual geographic use made of the mark. This national scope contrasts greatly with the limited geographic range of common law trademarks.

Who does a trademark protect?

A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention.

What must be trademarked?

A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law.

Why do we need trademarks?

Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.

How can one gain protection of trademark law?

Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office ("PTO").

What are the elements of a claim for trademark infringement quizlet?

  • Unauthorized use.
  • A protectable interest.
  • A likelihood of confusion among consumers as to the source or origin of the goods or services.

What are the 8 elements used to determine infringement of a trademark?

In determining the likelihood of confusion in trademark infringement actions the courts look to these eight factors: the similarity of the conflicting designations; the relatedness or proximity of the two companies' products or services; strength of the plaintiff's mark; marketing channels used; the degree of care ...

Why should trademarks be protected?

A Trademark protects your brand and provides you with the tools to prevent someone from riding on the back of your business. Trademark is capable of distinguishing the goods or services of one person from those of others and includes the shape of goods, their packaging, and a combination of colors.

What is a trademark vs copyright?

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.

Do you need to trademark a logo?

By simply having a logo, you have what's known as a common law trademark for your logo. That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as you see fit. But without an officially registered trademark, that right isn't as secure as it could be.

What is an example of trademark?

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.

Which is a good example of a trademark quizlet?

One very recognizable symbol that functions as a trademarks is the Nike® swoosh. This symbol indicates the source of goods even without having the word Nike ® attached to it. Color can also function as a trademark. A great example is the blue box used by Tiffany®.


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What does a trademark protect quizlet


Comment by Johnnie Merl

a trademark protects a good or service offered by a company from infringement or damage of reputation by another company with a trademark you have legal recourse to sue another company that uses your likeness to further their own business ventures this includes both registered and unregistered trademarks even if you happen to trademark your symbol through the US Patent and Trademark Office it's still protected this is referred to as common law trademark even if you haven't registered a trademark you can still use the TM logo to show you have a stake to the trademark although trademark protection by use gives you protection by a common law trademark by registration offers more protection this includes notice to the public about the trademark the exclusive right to use the trademark nationwide to distribute goods and services although used interchangeably under false pretences a trade name is simply a business name the trademark goes beyond that to identify a particular company's brand name because a trademark offers infringement protection it's important to have a mark that's easily identified for the sake of safeguarding your business you should consider filing a registration with the US Patent and Trademark Office this protects your business and gives you an edge in legal situations always use a descriptive word for your trademark rather than a generic one this makes your business more identifiable another interesting part of trademarks is that they help the hiring process brands inspire positive feelings at a sense of belonging to employees making the job more attractive as far as running a business trademarks are cheap ways to help your business the trademark costs only $275 after five years and ten years you have to renew for only a few hundred dollars each time if you have the tm2 your business name you're protected by law and unless a competitor starts to use the same name you typically won't have a problem however if you do business online throughout the States or overseas a trademark is worth the effort with up counsel you have the ability to trademark your company's image at a low cost and without the hassle of doing it solo make sure to contact up source for all your trademark needs questions and concerns


Thanks for your comment Johnnie Merl, have a nice day.
- Micaela Rodarte, Staff Member


Comment by Beaulah

hi everybody trademark attorney josh gerbin today i want to talk to you about what trademarks should you protect and it's a great question because it's not always an obvious answer so here's a quick list of the things you should try to protect with a trademark registration for your business the number one and most obvious and most important is the name of your business itself this should typically be protected even before you open your doors but if you haven't protected it now that should be your top priority in a close second as far as priority is concerned any names of particular products or services that differ from your company name should also be protected with a trademark registration you could also protect logos so think of the logo for your business name or logos for individual products or services those can be protected with a trademark registration as well the logos should typically be filed in a separate application this way here if those logos ever change the underlying name is still protected by a separate registration other things on your list can include slogans so think of nikes just do it if your company has a similar tagline or slogan that can be registered as a trademark and finally one of the most interesting things you can register as a trademark is something called trade dress so if you're selling products your product packaging could actually be protected by a trademark if you're running a service based business and someone walks into your store and there's a particular look and feel in all your stores that look and feel can be protected by a trademark registration called trade dress protection so i hope you found this video interesting as you can see there's a lot of different trademarks that any given business can register and the great thing about trademarks is they are intangible property this means once they're registered they become an asset of your company if you're ever looking to sell your company in the future having as many trademarks registered as possible will drive up the value of your company if you have any further questions about trademarks you can protect for your business please feel free to give us a call or get in touch with us by going to gerbenlaw.com backslash contact this is trademark attorney josh gerbin i'll talk to you next time


Thanks Beaulah your participation is very much appreciated
- Micaela Rodarte


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