As the title suggests, we have focused on “Trademarks” in this blog post. By way of backdrop, this is more of an update and content refill since we have already dealt with the basics of trademarks in past posts and videos. For instance, in the training videos “Miletti Law Q&A – Difference Between Patents, Trademarks & Copyrights! #VinnyUniversity,” Mr. Vinny Esq. has done a fantastic job disentangling and explaining the differences between Patents, Trademarks & Copyrights! The use of the “Apple®” brand as an example is excellent. Elsewhere, in our post “Intellectual Property Rights: Part 1,” we provided you with details on patents, copyrights, trade secrets, and trademarks in our discussion on “Types of Intellectual Property.” We used brands such as Coca-Cola®, McDonald’s®, and Nike® to explore and explain the concept of trademarks. This includes our own Miletti Law®.
We have also hammered on several defining aspects of trademarks, including “ownership,” “requirements,” eligible subject matter,” “misappropriation/infringement,” “remedies,” and “key limitations.” Finally, in our video “Quick Guide To Filing For Trademarks – 1(B)” and post published under the same title, we provided you with a hands-on guide to filing for trademarks. We invite you to hit these links for firsthand information on this interesting topic.
In light of the posts published and videos posted related to trademarks, it might seem as if we have exhausted everything on this topic. No! As a matter of fact, this was just a nip at the tip of the iceberg. Accordingly, in an attempt to provide an update, refill our content, and fill in any blanks, we have introduced a miniseries on the “Fundamentals of Trademarks,” where a number of upcoming blog posts will be dedicated to hammering on and exploring trademarks in depth and detail. This being Part I, we will start with a basic introduction.
Trademark – A definition
In line with the information we provided in part blogs and videos, a trademark, which is considered eligible for protection under the law, is typically a design, symbol, phrase, image, and/or word used as a source identifier for a given product. In fact, a trademark can be a combination of any or all of these things. For instance, a perfect example of a registered trademark that combines a word and a design is that of the Nike® logo. However, we also added that it is crucial to note that most trademarks are registered as standard character-only trademarks.
Notably, we also have what is known as “Service Marks,” which, while used as source identifiers for given services, are similar to trademarks. In fact, the term “trademarks” or “marks” is simply used to stand for both service marks and trademarks. Additionally, other things such as product packaging, also called “trade-dress” (Coca-Cola’s contoured/fluted bottle), characters (Mickey Mouse), sounds (NBC’s chimes), colors (the robin’s egg blue of a Tiffany’s box), and slogans (Nike’s JUST DO IT). Note that each of these may be eligible for protection as a trademark.
In one of our blogs, we mentioned that because of “right” and “ownership” issues, the law requires that every single detail of the intellectual property, such as a trademark, be defined and described precisely. Additionally, something must be used to designate the service or goods’ source for it to be considered a trademark. It goes without saying that something merely generic, functional, or ornamental may be disqualified and not considered eligible for protection.
Ideally, trademarks are protected under the law in the U.S., whose aim is to protect a brand or trademark owner’s reputation and goodwill, assist consumers in differentiating some brands from others, identify specific brands they may be interested in, and protect against consumer confusion in the marketplace. Technically, when a third party is prohibited from using an entity’s trademark or another seemingly confusing, consumers enjoy the assurance that any services or products they provide under a particular mark will be similar to the same as the ones they have purchased bearing a similar mark in the past.
In Part II of this miniseries and update on trademarks, we shall move the discussion forward by hammering on “Trademark Protection Requirements.”
Stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer, Author, & Publisher.