What Is Trademark Law?
The essence of trademark law states that a mark must be distinctive enough so that it can identify the source of a particular product. Courts classify marks according to how they relate to a product or service. They differ in their degree of distinctiveness and legal protection, so that a particular mark may fall into one of four categories. A common misconception is that a particular shape or color of a bottle is a trade dress that can be protected by a trademark.
In most cases, a trademark can protect distinctive words or phrases, logos, symbols, slogans, and designs. The purpose of trademark law is to protect these distinctive features from duplication, confusion, or appropriation. The registered trademark for a computer manufacturer is the name “Apple”, which is an example of this. Another example of an infringement is the well-known logo with an apple-shaped shape. The first two classes of marks are legally protected under the law.
A trademark can be used for the identification of products or services
A trademark can be registered in either one or several classes. In the U.S., a person can only register one trademark. There are no restrictions on the number of trademarks that can be registered. However, they must not be confusingly similar. To protect a registered trademark, it must be used in a specific industry. The same applies to registered and unregistered brands.
The object of the use is what will determine the distinction between a service and a commodity trademark. A service mark is used to distinguish between goods and services. A commodity mark is a service mark that has a different object than a service mark. A service mark has similar protections and benefits. This is the fundamental difference between trademark law and the First Amendment. This section of law only covers the use of distinctive trademarks.
The infringement of a trademark occurs when another person uses it without permission. A mark can be used by multiple parties, but only if it is not confusing to consumers. Common law trademarks are limited to the areas where there is no overlap between companies. A federally registered mark, however, is protected across the entire United States. A service brand can’t legally be called a commodity without registering it. Its distinctiveness is an important part of the trade.
A trademark prevents others from using the product or brand of another company. Companies cannot use symbols or names that are identical to those of other businesses’ trademarks. For example, a soft drink company cannot use a name that sounds similar to Coca-Cola. While this is a violation of a trademark, it is not illegal to copy a service mark. It cannot be sued for the same product. The law is very strict. You can only sue a competitor if the infringement was intentional.
A trademark can either be registered or unregistered
A trademark is generally protected for a specific time period. Typically, it will last for 10 years. The trademark must be renewed every 10 years. A service mark must be renewed annually to keep its value. After the expiration of this period, a company may continue to use the same service mark. The law protects arbitrary and non-conceptual marks indefinitely.
A trademark can be a unique phrase or word, a logo or a slogan. A trademark can also be a geographical term or a geographic location. A company can register a symbol to be used as a service mark if a product is sold under an individual’s name. The logo must be unique. It must be distinct from the products and services offered by competitors. A business can’t use a service mark in the same way as another brand.
In certain cases, trademark owners can sue third parties for infringing their trademarks. Infringing a trademark can be as simple as selling a product or service that contains the trademark. This is considered an infringement of a consumer’s rights as it creates confusion about the source and manufacturer of the goods. You can use a logo to protect your brand if it is used by a third party for a product or service you have.
