Hussain Abbasi

 Definitions  Types and Rights  Legal Protections  Their use in the industry Software/Hardware production  Cases  Questions

The federal trademark act, also known as the Lanham Act, and the 1988 Trademark Law Revision Act defines a trademark as “any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to indentify and distinguish his goods, including a unique product, from those manufactured or sold by others, and to indicate the source of goods, even if that source is unknown.” [15 U.S.C. §§ (1994).]

1. To provide an identification symbol for a particular merchant’s goods 2. To indicate that the goods to which the trademark has been applied are from a single source 3. To guarantee that all goods to which the trademark has been applied are of a constant quality 4. To advertise the goods.

Trademarks help  Consumer: By reducing the cost of finding the information about the product by introducing Brand types. Trace the goods to their source through their mark.  Producers: By representing the goodwill of a business Maintaining a strong trademark (Quality) is essential for success of business.

 Service Marks Connected to services. Identical laws to that of trademarks  Trade Names Identifies a company, partnership, or business. Cannot be registered under federal law. Gives common law rights  Certification Marks Indicate that the products meets the certifier’s standards of safety and quality. “Good House Keeping” seal.

 Inherently Distinctive  Not Inherently Distinctive  Generic

 Inherently Distinctive Fanciful Marks ○ Kodak, Exxon, Nokia Arbitrary Marks ○ Apple for computers, Camel for cigarettes, Shell for gasoline Suggestive Marks ○ Chicken of the Sea, IHOP

 Non Inherently Distinctive Secondary Meaning ○ Mental association by the buyer ○ Windows by Microsoft had acquired secondary meaning. Descriptive Marks ○ Specify certain characteristics of the goods, color, proposed uses, and effects of using the goods. Geographic Terms ○ Considered non-distinctive unless secondary meaning has been established ○ Are inherently distinctive if used as arbitrary manner. North Pole for cigarettes. Personal Names: ○ Not inherently distinctive ○ Have no secondary meaning ○ Lincoln for a savings bank

 Generic No protection Not even if they acquire a secondary meaning Whatever You Do with This Article, Don’t “Xerox” It 1 Whatever You Do with This Article, Don’t “Xerox” It 1 Bigger problem: loss of trademark ○ “an Apple.” instead of “an Apple computer”. ○ “a cup of Sanka.” instead of “Sanka decaffeinated coffee” 1. Weigel, Chicago Sun-Times, Oct. 7, 1990 at 57

 