TrademarksA Product of Creativity in Bloom

Elexis Jones2011

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 ExamplesSymbols 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?