Trademarks A Product of Creativity in Bloom Elexis Jones 2011

What is a trademark? A trademark is a word, phrase, symbol, or design, or a combination of these that identifies and distinguishes the source of goods of one party from those of others.

Trademark Examples Words Phrases

Trademark Examples Symbols Designs

What is a service mark? A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service, rather than a product.

Service Mark Examples

“Trademark” and “Mark” Both of these terms are used to refer to trademarks (goods or products) and service marks (services).

Functions of a Trademark Indicates the source of origin of goods or services Helps guarantee the quality of goods bearing the mark Creates and maintains a demand for the product Used as a marketing tool to build a brand Can have great $ value to a company

Why Protect a Trademark? Trademarks are protected under federal and state law – Trademarks are earned not born – Trademarks come into being through actual use You do not have to register a trademark to have it protected, but there are some advantages to doing so – A trademark registration provides: Constructive notice to the public of the registrant's claim of ownership of the mark Registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration

Spectrum of Distinctiveness & Levels of Protection Stronger Weaker Fanciful Arbitrary Suggestive Descriptive Generic

Marks Declared Famous

Questions?