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| used to identify/distinguish companies products from others. |
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| are used in the process of branding- brand identifiers |
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| Brands are not tangible. Trademarks are property |
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| words, symbols, logos, names, color, sound, or number. TM for products. SM for services |
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| Why filing for a corporation isn’t enough |
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| Corp. is domicile. TM is national |
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| cooperatives, associations, groups (Girl Scouts of America) |
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| used to certify (UL-Underwriters Laboratory) |
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| Must be distinctive, Non-functional (Patent), Overall appearance, Shape (Coke bottle) |
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| Abandonment – nonuse for 3 years, Generic, Confusingly similar marks, No secondary meaning-weak marks or too descriptive, Functional |
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| TM is too successful – synonymous with its function, Use as an adjective, not a noun, Educate users, Examples: nylon, linoleum, trampoline, escalator, aspirin, In Danger: Xerox, Kleenex, Pampers, Google? |
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| Use the mark in commerce, Police your mark for infringement |
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| Dilution – Blurring/Tarnishment. Blurring: Weakening a trademark. Tarnishment: TM damaged by unpleasant or unwholesome use. Protect Your Mark: Cease and Desist to infringers |
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| Artist/Band Name, Label Name, Serial Titles: Examples (Kids Bop) |
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