The Role of Trademarks
A trademark is a unique form of intellectual property. Most intellectual property is created to protect the person or business creating it. A patent, for example, is designed to protect the inventor from having other parties use it without consent. Copyright works much the same way. A person who writes a hit song should receive compensation from it and copyright is designed to protect the person in this regard.
A trademark is unique because it performs two purposes. The first is similar to patents and copyrights. A trademark is a way for a person or business to protect a logo, etc., from the misuse by others. In truth, this is pretty much the underlying idea of most intellectual property. The only time a protected intellectual property right can be legally infringed upon is if the infringer pays a royalty or licensing fee for the right to use it.
Trademarks, however, also serve a secondary purpose. This purpose has its basis in something called public policy. Throughout the law, you will find guidelines that are set forth as a matter of public policy. These guidelines essentially are designed to help the general pool of consumers in some way.
With trademarks, there is a strong public policy supporting their establishment. The policy has to do with consumer confusion and the quality of products or services. When a consumer sees a trademark, they associate a company and level of quality with that mark. For instance, a person associates a certain cola drink with the "Coca Cola" trademark.
When a trademark is allegedly infringed upon, the court will evaluate the issue of whether the alleged infringement is such that it is likely to confuse consumers. If it is, then a ruling of infringement is more like. For instance, assume Reebok started selling a sneaker that had a swoosh similar to Nike. The swoosh, however, was vertical instead of horizontal. Nike would certainly file suit for trademark infringement claiming that the Reebok swoosh created confusion among consumers. It would also win!
When considering whether to trademark your logo, etc., you need to evaluate how it helps consumers identify with your product or service. The more distinct your mark, the better chance you have of both being approved for a trademark and then defending it against competitors.
Related Tags: service, legal, law, intellectual property, trademark, confusion, consumer, mark
Richard A. Chapo is a trademark lawyer with SanDiegoBusinessLawFirm.com
Your Article Search Directory : Find in ArticlesRecent articles in this category:
- How to Register a Trademark - Discover the Wonders That Shopnbc Offers, Thanks to Its Trademark
This shop turns out to be the most popular and most liked shop that is often talked about in the Un - How to Register a Trademark - Shopnbc and Its Incredible Auction Sales for Jewelries
A lot of shopping today is mostly done over the internet. The internet has proven itself to be one - Are You in Search of Memorable Gift for Your Father?
It is always worthwhile to present your father with a memorable souvenir on a memorable occasion su - How to Register a Trademark - Credit Card Safety While Shopping at Shopnbc
The internet has come with lots of blessing especially in relation to shopping. Most of us will pre - How to Register a Trademark - a Likely Trade Name for World Wrestling Entertainment
Wrestling and in particular that which is meant for entertainment has gradually gained its way to b - How to Register a Trademark - Discovering What General Mills Has in Store for Your Kids
Immediately you hear of a trademark, take it to mean words, sounds, emblems or a combination of two - How to Register a Trademark - Use a Lawyer to Defend Your Trademark or Copyright
No matter what form of invention you are involved into, you will need either a copyright or a trade - How to Register a Trademark - Using a Lawyer to Look After Your Business in California
In contemporary business practice, everyone seeks to be solely independent. There are of course gre - How to Register a Trademark - Discovering Shopnbc and Its Highest Bid System
Throughout the years, we have constantly resorted to the internet for a lot of things. In short, th - Filing for a Trademark in Israel and Intellectual Property Strategy
In the past, many brand owners, both small as well as corporate sometimes did not consider much the
Most viewed articles in this category:
- US Patent and Trademark Office: Security For Your Products, Business & Ideas
People are always coming up with different ways of creating income, it's only natural. Some people w - How To File Trademarks
Various companies, in strive to achieve higher market shares and widespread popularity tend to ignor - International Trademarks and the Madrid Protocol
Protecting your logo and so on with a trademark is a smart move. Ah, but what about protecting it in - Can You Trademark Your Business Name?
A trademark is a distinctive image, word or other thing that associates with a product or service. S - You Can Trademark a Lot More Than You Think
Discussing a trademark in general is often difficult. Why? It has to do with the fact that you can t - Using A Mark You Cannot Trademark-Be Careful
When coming up with a logo or mark, there are plenty of options. Sometimes, people make a choice tha - Intellectual Property Law - Trade Mark - Landmark Ruling - Test for Invalidity
In Special Effects Limited v L'Oreal & International Trademark Association (Intervener) [2007] EWCA - Intellectual Property Law - Trade Mark Law - EU - Interpretation of Directive - Trade Mark Refusal
The case of BVBA Management, Training en Consultancy v Benelux-Merkenbureau [2007], concerned the in - How to Register a Trademark - Shopnbc and Its Incredible Auction Sales for Jewelries
A lot of shopping today is mostly done over the internet. The internet has proven itself to be one - Are You in Search of Memorable Gift for Your Father?
It is always worthwhile to present your father with a memorable souvenir on a memorable occasion su