Law MidTerm Intellectual Property
Terms
undefined, object
copy deck
- Trademark (definition)
- any word, name, symbol, device or combination of these used by a manufacturer or seller to identify its products and to distiguish them from competitors
- Service Mark
- same as a trademark, but for services
- Spectrum of Protection (for TM)
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Least .... to .... Most
(1) Descriptive (2) Suggestive (3) Arbitrary (4) Coined/Fanciful - TM vs. R
- TM is used for unregistered Trademarks, R is for registered; TM is free to use, R costs $$; R means you can collect easier if someone infridges
- Descriptive TM example
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Describes the product - often it can not be Trademarked
(Apple computers can not own the TM for an apple stand, but it is fine for a computer store) - Suggestive TM (example)
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Quality Inn
It suggest something about the product or company - Arbitrary TM (example
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Apple Computers
Real word, but unrelated to topic - Coined/Fanciful TM (example)
-
Exxon
Made up - no meaning outside of company, or product - Loosing a TM
- if the word becomes common speak, Kleenex (almost Xerox)
- What can be Trademarked?
- Service, slogans, names, symbols, logos, colors (Owings Corning Pink), domain names, non-functional designs (bottles of nice perfume)