Intellectual Property. Understanding Trademarks

Main features
Use of TM symbols
Trade mark protection
What is Intellectual Property?

Comes from a creative mind
Needs protection
Confused by people

Intellectual property refers to products coming from a creative mind. Like other kinds of property, intellectual property needs protection from theft and abuse. Sometimes patents, copyrights, and trademarks are confused by people.

A trademark is a type of intellectual property, and typically introduces a name, word, phrase, logo, symbol, design, image, or a combination of these elements
(The United States Patent and Trademark Office )

Two names
generic name
brand name
Pepsi ®
Coke ®
Nike ®
Reebok ®
cola
soda
sneaker
athletic shoe

The term "trademark" is often used to refer to any type of mark that can be registered with the United States Patent and Trademark Office
(Inventors.com)
Two types of marks
Trademarks
Service marks

Trademarks – to identify goods
physical commodities
natural
manufactured
produced
sold
distributed

Service marks - to identify service &
intangible activities

The trademark symbol
The registered trademark
symbol
To indicate any mark to be a trademark
Company does not need to receive permission
May only be used after a Federal registration
May not be used while the Federal application is pending

Trademark - a form of property
Use in the marketplace Registration of the mark

A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered
(The U.S. law)

The law allows to prevent unauthorized
use of the mark in the United States - first use the trademark
in commerce
Other countries - the goods or services must occupy a highly significant position in the marketplace

If a trademark has not been registered:
some jurisdictions offer protection
through the tort of passing off
trading under an unregistered trademark
start using the same or a similar mark

If a trademark has been registered:
easier for the owner to demonstrate trademark rights
enforce the rights through an infringement action
! Unauthorized use of a registered trademark damages
an infringement lawsuit

Trademarks:
commercial source indicators
distinctive signs of certain goods or services
protects words, names, symbols…
a subject to various protection and limitations

TM must be registered and renewed
if not - consumers would be seriously harmed
unaffiliated firms could sell products
fake drugs could potentially cause damage