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Overview |
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A
third type of protection is a trademark or a service
mark. Broadly speaking, a trademark or a service
mark helps consumers distinguish among competing
products.
A trademark is a word, phrase, symbol or design,
or any combination of these, that distinguishes
one party's goods from others'. A service mark is
essentially the same as a trademark, except that
it identifies a service rather than a product. The
word "mark" in this module will refer to both trademarks
and service marks.
Ralph Lauren or ExxonMobil are examples of marks
that use names. The Nike swoosh or McDonald's golden
arches use designs. The distinct shape of a Coca-Cola
bottle is a device that distinguishes a Coke from
a Pepsi and other drinks. Even sounds or animation
can be used as a mark. AOL's You've Got Mail!" phrase,
the MGM lion's roar, and the logo at the bottom
of the screen during CNN programming are other examples.
Two other marks you can register are "certification"
and "collective membership" marks. A certification
mark is a name, symbol or design certifying characteristics
of the product such as its region of origin, method
of manufacture, quality or accuracy. Smithfield
(Virginia) ham, Cognac (France) and Scotch (Scotland)
whiskey are some examples. A collective membership
mark is used by members of a group, such as the
American Society of Mechanical Engineers.
You do not have to register a mark, because legitimate
use automatically establishes your rights. Doing
so offers several advantages, though, including
public notice and legal presumption of your ownership,
and an exclusive right to use the mark nationwide
with your product.
If you register, it is also easier to file a federal
suit if someone uses your mark. It also makes it
easier to register in foreign countries, and allows
you to file your mark with the U.S. Customs Service
to prevent importation of infringing foreign goods.
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