What marks are trademark protected?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
What does a trademark protect quizlet?
What is a trademark? any word, name, symbol, color or sound that is adopted and used by a company to identify its goods and distinguish them from those manufactured or sold by others. Federal Statute / Lanham Act. Protects words, names, symbols or devices that serve to distinguish the sources of goods or services.
What is a protected mark?
Protected mark means a legally protected mark, in particular a registered trademark, designation of the origin of the product, geographical designation of the product, name of a protected plant species, unregistered marking, commercial name, name of a legal entity, including a name of public administration authorities, …
What is trademark quizlet?
trademark definition. any word, name, symbol, or device; any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.
What are not protected by trademark laws?
Trademark law does not protect functional aspects of a product and allows others to use a mark fairly, such as for comparative advertising or other descriptive purposes, so long as such use does not confuse consumers. Trademarks are territorial in nature.
Why are trademarks protected?
What do trademark rights protect? Trademark rights allow you to stop other people from using your trademark to sell goods or services. Those rights also protect consumers because they can know the source of goods or services they’re buying.
How do I get trademark protection?
If you want to apply for trademark protection, you can file a trademark application with the U.S. Patent and Trademark Office (USPTO). You can go to uspto.gov to file the trademark application online.
What is trademark infringement quizlet?
Trademark Infringement. When someone who is not a trademark owner engages in some unauthorized use of a trademark that is likely to cause consumers to be confused or deceived about who really owns the trademark mistake.
What does a trademark apply to?
A trademark protects the specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand.
How does trademark protection work?
A trademark protects a good or service offered by a company from infringement or damage of reputation by another company. With a trademark, you have legal recourse to sue another company that uses your likeness to further their own business ventures. This includes both registered and unregistered trademarks.
What are the types of marks?
The Four Types of Marks
- A. Generic Marks. Generic marks are marks that use common, everyday terms that everybody has the right to use. …
- B. Descriptive Marks. Descriptive marks use terms that merely describe the good or service. …
- C. Suggestive Marks. …
- D. Arbitrary or Fanciful Marks.
What is an example of trademark?
The golden arches of McDonald’s® is an example of a design that is a registered trademark. The Nike® logo with the swoosh is a combination of a word and a design that is a registered trademark. … Learn more about the two different formats of trademarks and their filing requirements.
How long does a trademark last?
In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Which one of the following can be trademarked?
A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies.