Which can be protected under trademark [From Experts]

Last updated : Aug 5, 2022

Which can be protected by 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 Cannot be protected under trademark law?

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.

What is protected by a trademark Mcq?

Reveal answer... Trademarks protect logos, names and brands.

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 is a trademark What does it protect?

Trademarks, copyrights, and patents protect different types of intellectual property. 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.

Which of the following is not protected by copyright Mcq?

The correct answer is OPTION 1: Slogan.

Which of the following is not covered under trademark Act Mcq?

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

Which of the following are trademarks?

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.

What is included in trademark?

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. The word “trademark” can refer to both trademarks and service marks.

What is 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.

What are the four types of trademark?

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

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.

Does a trademark protect a design?

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

Why should trademarks be protected?

Without legal protection (in the form of a registered trade mark), they have very limited ownership of that brand and will struggle to stop others from making money from their success. Your trade mark differentiates your product or service from those of a competitor.

Which of the following Cannot be protected?

Expert-verified answer The correct answer to the given question is option (d) Actors. Explanation: Actors being individuals cannot be protected under copyrights. Anything which can be protected under copyright is the thing, which is made or produced originally by the copyright holder.

Which one of the following could not be registered as a trademark?

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 Cannot be protected by copyright?

Words and short phrases are not copyrightable. This includes as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; and mere listing of ingredients or contents.

Which one of the following Cannot be protected by intellectual property rights Mcq?

1 Answer. Actors cannot be protected under copyright. Intellectual property (IP) refers to the creations of the human mind, like inventions, literary and artistic works, symbols, names, images and designs used in business.

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.

Is book title protected by trademark laws?

Trademark Protection for Literary Titles The Court identified two types of titles: Titles of Series of Literary Works: Titles of series of books, periodicals or newspapers function as a trademark to indicate that each edition comes from the same source as the others and such titles can be registered as trademarks; and.

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Write a comment

there are a few things that cannot be protected under trademark law so first broadly what can be protected is anything that indicates the source of a business's products or services that could be a name it could be a logo it could be a slogan it could even be a sound or another type of non-traditional mark but not everything can be protected or registered the main thing that cannot be protected is a generic name a generic term so if I was to open a new restaurant and call it you know the donut shop there's nothing unique there's nothing for protectable it's obviously apparent on its face what I sell and there's nothing probably that could be protected about that name the other type of things that cannot be protected are things that aren't used to indicate the source so what I mean by that is if they are merely providing information or they under trademark law what's called fails to function as a mark and we are seeing in just the last year - and a increase of the number of refusals due to that so for example if you use a slogan that is made up of very common words in your industry you may not be able to protect it if you use something that's merely informational even if you incorporate it into a logo or a slogan it may not be a protectable an example of that would be you know if you have a restaurant to go back to a restaurant example yeah you know happy hour every day from noon till sunset maybe their original maybe nobody else has happy hour during those hours but because consumers wouldn't look at that and think that it was telling them something about your brain and they would look at it and think it was just telling them something informational about your services it's not functioning as a trademark other examples along these lines would be information about you know lowest price guaranteed or saddest satisfaction guaranteed is another example you know nobody can protect that phrase it's it's not indicating the source of the goods or services so while many many many tools use by brands can be registered and should be registered and protected you do want to be on the lookout for those things where they can't be protected and then it might be a waste of money to file and try to register them you

Thanks for your comment Chung Amela, have a nice day.
- Lindsay Leray, Staff Member

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 Roscoe your participation is very much appreciated
- Lindsay Leray

About the author

Lindsay Leray

I've studied communication design at Kennesaw State University in Kennesaw and I am an expert in cybernetics. I usually feel touched. My previous job was lunchroom supervisor I held this position for 9 years, I love talking about playing musical instruments and lamp making. Huge fan of Matthew Perry I practice tennis and collect for sports cards.