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Trademarks

Trademarks. A Product of Creativity in Bloom Elexis Jones 2011. A project of the AIPLA. What is a trademark?. A trademark is a word, phrase, symbol, or design, or a combination of these that identifies and distinguishes the source of goods of one party from those of others.

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Trademarks

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  1. Trademarks A Product of Creativity in Bloom Elexis Jones 2011 A project of the AIPLA

  2. What is a trademark? A trademarkis a word, phrase, symbol, or design, or a combination of these that identifies and distinguishes the source of goodsof one party from those of others.

  3. Trademark Examples Words Phrases

  4. Trademark Examples Symbols Designs

  5. What is a service mark? A service markis the same as a trademark, except that it identifies and distinguishes the source of a service, rather than a product.

  6. Service Mark Examples

  7. “Trademark” and “Mark” Both of these terms are used to refer to trademarks (goods or products) and servicemarks (services).

  8. Functions of a Trademark • Indicates the source of origin of goods or services • Helps guarantee the quality of goods bearing the mark • Creates and maintains a demand for the product • Used as a marketing tool to build a brand • Can have great $ value to a company

  9. Why Protect a Trademark? • Trademarks are protected under federal and state law • Trademarks are earned not born • Trademarks come into being through actual use • You do not have to register a trademark to have it protected, but there are some advantages to doing so • A trademark registration provides: • Constructive notice to the public of the registrant's claim of ownership of the mark • Registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration

  10. Spectrum of Distinctiveness & Levels of Protection Fanciful Arbitrary Stronger Suggestive Weaker Descriptive Generic

  11. Marks Declared Famous

  12. Questions?

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