LEGL 2700 Lecture 11: Trademarks
2 Mar 2017
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Document Summary
Trademarks: logos, slogans, designs associated with a particular company or product. Trademarks: specific type of mark specifically attached to a physical good. Tm = trademark, not federally protected (could be protected at the state level) Service marks: specific type of mark not attached to a physical good (intangible service) Certification marks: somebody does not own trademark, but they are certified to use it. Collective marks: shows membership in a group. Sound mark: a certain sound/jingle only you can use. Trade dress: overall look and feel of the product: trademark registration process. 1) use the logo/slogan in business first, before filing for trademark (so you can show how you use it) there are some exclusions intent to use trademark. 2) file application with pto (patent and trademark organization) Distinctiveness: 1) too similar to another company"s existing trademark (especially one you may compete with, 2) can"t trademark american flag, 3) personal names can be hard to trademark (must have secondary meaning)
