Trademarks, service marks, and trade names are used to identify and distinguish products and companies in commerce. The Federal Trademark Act of 1946, also known as the Lanham Act, protects these marks if they are used in commerce and are distinctive, without being generic, descriptive without secondary meaning, immoral, offensive, deceptive, or incorporating official insignia. Owners can lose trademark protection if a mark becomes generic or there is likelihood of confusion due to infringement by a similar mark. The Lanham Act also protects against dilution of a distinctive mark and unfair competition.

1. TRADEMARKS ®

2. TRADEMARK Any word, name, slogan, design or symbol that is used in commerce to identify a particular product and distinguish it from others

3. Service Marks distinguishes the services of a company

4. Trade Names identifies and distinguishes the company itself

5. Protected by the Federal Trademark Act of 1946 – Lanham Act

6. REQUIREMENTS Use in commerce Distinctiveness

7. Unique Words Exxon

8. Kodak

9. Common Words Uniquely Applied Ivory -- soap

10. Camel -- cigarettes

11. Designs must be distinctive as well No generic terms Descriptive terms only if have acquired “secondary meaning” -- are customarily associated with the product

12. No personal names unless have acquired secondary meaning. No geographical names. No immoral, offensive or deceptive marks. No official flags or insignias. Titles of magazines, tv programs or series of books--okay to trademark.

13. use it or lose it if mark becomes generic, lose protection

14. Infringement Similar enough to cause likelihood of confusion in marketplace

15. Antidilution Protect dilution of a distinctive mark. Mark is well known. Defendant’s actions raise a likelihood of dilution.

16. Unfair Competition Protection of communicative creations from unauthorized use by others.

17. Palming Off Pass off your good as someone else’s. Ordinary, prudent consumers could be misled or confused.

18. Barbie

19. The song “Barbie Girl” is a social comment and was not created or approved by the makers of the doll. 1997 Aqua Aquarium MCA Records

20. Barbie Food Chain