Overview of Trademarks
Trademarks distinguish products or services of one company from those of competitors. They can be words, phrases, symbols, colors, sounds, etc. Key purposes of trademarks include intellectual property protection and recognizing a company’s ownership. Trademarks may be registered, denoted by ®, or unregistered, denoted by TM. It is important to obtain a trademark to establish legal ownership. Using a trademark properly means always qualifying it as an adjective with a generic noun. Famous trademarks like Apple enjoy broad legal protection.
Registering a Trademark
Trademarks should be distinctive enough for consumers to distinguish them from others. A trademark exclusively identifies a product as belonging to a specific company. Trademarks should be checked for availability before registration. Applications compete mainly with similar companies. Things that cannot be trademarked include generic terms like "hearsay" without secondary meaning. Infringement deals with registered rights, passing off with unregistered rights. Illegally misrepresenting a product as made by another company is passing off.
Examples of Trademarked Items
Some examples of trademarked items are the Nike swoosh, the McDonald’s golden arches, and brand names like Kleenex. Trademarks don’t expire like copyrights or patents. Exceptions allow factual references to trademarked products. But using a trademark to imply false endorsement is illegal. When choosing a trademark, arbitrary, fanciful, and suggestive marks are strongest. Registration establishes nationwide rights, but common law trademarks also enjoy some protections. Infringement involves using a similar mark on related products to confuse consumers about the source. Trade dress protects distinctive packaging. Overall, trademarks let companies legally defend their brands’ identities from imitators seeking to profit from their hard-earned reputations.