Trademark law

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Trademark law

  1. 1. Trademark Law Mr. Lushenko
  2. 2. Trademarks Registered Trademarks Service marks Today’s Topics:
  3. 3. What is a trademark? <ul><li>A trademark is a word , phrase , symbol , design , sound or anything that identifies the source of the goods or services of one company from those of other companies. </li></ul>
  4. 4. The made-up word H ä agen-Dazs is a trademarked word . Only the H ä agen-Dazs company can use this word . The word is trademarked.
  5. 5. A trademark can be a word
  6. 6. A trademark can be a word
  7. 7. A trademark can be a phrase
  8. 8. A trademark can be a phrase
  9. 9. Which company says, “ The Next Stage ”?
  10. 10. Which company says, “ The Next Stage ”? http://www.youtube.com/watch?v=-NcSnoY0xfI
  11. 11. This symbol is trademarked by Toyota Only Toyota can use this symbol The symbol is trademarked.
  12. 12. A trademark can be a symbol
  13. 13. A trademark can be a symbol
  14. 14. A trademark can be a symbol
  15. 15. A trademark can be a symbol
  16. 16. A trademark can be a symbol
  17. 17. The design of the Coca-Cola bottle is trademarked Only Coca-Cola can have a bottle with this shape The design is trademarked.
  18. 18. The 3-dimensional shape of the iPod , and its circular touchpad interface, are trademarked design s.
  19. 19. Even a sound can be trademarked. Let’s listen to the NBC chimes now. http://www.youtube.com/watch?v=OuWIf4980eg Only NBC can use these sounds to identify their company. The sounds are trademarked.
  20. 20. The MGM lion’s roar is a trademarked sound http://www.youtube.com/watch?v=OVCxJ1aT24A
  21. 21. Only Kellogg’s can call their cereal “Frosted Flakes” Only Kellogg’s can say “They’re Great!” Only Kellogg’s can use Tony the Tiger.
  22. 22. What is a “registered” trademark? <ul><li>A registered trademark is a trademark (a word , phrase , symbol , design, sound , or anything ) that the US Patent and Trademark Office has accepted and registered for a certain class of goods. </li></ul>Registered trademarks are identified with an ®.
  23. 23.
  24. 24.
  25. 25. Which well-known company uses this color and design as their logo?
  26. 39. Do you remember what a trademark is? <ul><li>A trademark is a word , phrase , symbol , design , sound or anything that identifies the source of the goods or services of one company from those of other companies. </li></ul>
  27. 40. What is a trademark for ? <ul><li>A trademark identifies a company to the customer. </li></ul>Customers know that trademark. They’ve learned to trust that that company makes good products.
  28. 41. If you like one Pillsbury product, maybe you’ll try others…
  29. 42. You know it’s Pillsbury because it has the dough boy
  30. 43. Trademarks are important because: <ul><li>1. They quickly identify the company to the consumer. </li></ul>2. They help extend the brand to new items.
  31. 44. <ul><li>A trademark is a word , phrase , symbol , design , sound or anything that identifies the source of the goods or services of one company from those of other companies. </li></ul>
  32. 45. A “registered” trademark <ul><li>A registered trademark has been recorded in the US Government’s Patent and Trademark Office. </li></ul>“ Registered” trademarks are identified with an ®.
  33. 46. Not all trademarks are “registered” with the US federal government. <ul><li>Some companies do not care anything about the US Government. </li></ul><ul><li>They still, though, want other companies to respect their company’s word , phrase , symbol , design , sound or whatever </li></ul><ul><li>They mark their product with the ™ symbol instead of the ® symbol. </li></ul>
  34. 47. The ™ symbol <ul><li>Sound Blaster makes hardware for your computer. </li></ul><ul><li>They are owned by Creative Worldwide. </li></ul><ul><li>Creative Worldwide is headquartered in Singapore. </li></ul><ul><li>They didn’t spend the money to register their trademark with the US federal government. </li></ul><ul><li>They use the ™ symbol. </li></ul>
  35. 48. The ™ symbol <ul><li>The United Way trademark is not registered with the US Patent and Trademark Office. </li></ul><ul><li>They didn’t spend the money to be registered. </li></ul><ul><li>They use the ™ symbol. </li></ul>
  36. 50. The SM symbol <ul><li>The SM symbol is the recognized abbreviation for the term “service mark.” </li></ul><ul><li>It is used just like TM, but with services rather than goods. </li></ul><ul><li>A service mark is the same as a trademark, except that it identifies the source of a service rather than a product </li></ul>
  37. 55. Which company says… <ul><li>We never stop working for you. </li></ul>
  38. 56. <ul><li>Verizon wireless is a service business. </li></ul><ul><li>As a service business, they use a “service mark” instead of a trademark. </li></ul>
  39. 57. Which company says… <ul><li>Where America Comes to Eat </li></ul>
  40. 59. Let’s quickly look at five more examples of registered trademarks , trademarks , or service marks
  41. 60. What company does this trademark represent? 1
  42. 61. Kellogg’s 1
  43. 62. What company does this trademark represent? 2
  44. 63. Quaker Oats (Quaker Oats is owned by PepsiCo) 2
  45. 64. Which company says… <ul><li>Good to the last drop </li></ul>3
  46. 65. 3
  47. 66. Which company says… <ul><li>Drivers wanted </li></ul>4
  48. 67. 4
  49. 68. Which company says… <ul><li>Gather ‘round the good stuff </li></ul>5
  50. 69. 5
  51. 70. Your secret mission… <ul><li>Create a PowerPoint slide show with at least 10 different registered trademarks or trademarks , or service marks . </li></ul><ul><li>You cannot use trademarks of CARS or SPORTS TEAMS </li></ul><ul><li>Your marks must be for a company that you recognize—you do not know the “National Union Bank of Kinderhook” so you cannot use their trademark in your PowerPoint slide show. </li></ul><ul><li>You will score up to 10 points. You only score points for trademarks that no other students have in their slide show . </li></ul><ul><li>Save your PowerPoint slide show as: Trademarks </li></ul><ul><li>Due by the end of class on Tuesday. </li></ul>

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