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Let the Professionals File Your Trademark Today! Description of a Trademark with the USPTO. As the links on the USPTO images reveal, the one on the left is associated with Lloyds Bank, based in London, and the one on the right is associated with First Security Bank of Missoula, based in Missoula, Montana. Despite the fact that both horse images show raised front legs and a head turned backward.
Trademarks protect a name, word or phrase, a design, or a symbol that distinguishes one company’s goods or services from those of another. Literal elements are the character(s) of the mark appear in the Trademark Office’s standard character set, which includes letters, numbers, and certain other symbols. Logo with Adjacent Text This type of mark has standard characters adjacent to the logo.
NIKE” is combined in the registration and adjacent to the swoosh logo. However, the combined adjacent elements must present a unitary commercial impression, which this mark does. Combined Mark: words and an image used as one design unit. Registering a trademark or a design. Use words cleared for incorporation into the logo.
You cannot use words someone already registered as a trademark. A descriptive trademark identifies one or more characteristics of a product or service covered by the mark and only serves to describe the product. A mark description that identifies where the various colors appear in the mark. When a summer camp in another state attempts to use the GoTrek name and a similar logo , Paul and Raymond may file a civil lawsuit for violation of their registered trademark. In this example of trademark protection, it is likely the camp will be ordered to immediately stop using the trademarked name and symbols.
As adjectives, marks should not be used as plurals or in the possessive form, unless the mark itself is plural. To be registerable, your design must be unique—not something generic, in common use, or too similar to other logos. So start the process by searching the logo trademark database of the U. A trademark can take many shapes, as long as the mark is distinctive.
The public should recognize the trademark as an identifier of the product‘s source. A classic example of a trademark is the Nike swoosh symbol. When you see that mark on a pair of sneakers you instantly recognize those shoes as a Nike product. The mark consists of concentric circles representing a target or bullseye design. A description of your mark cannot, however, include a registered mark or elements not appearing in the mark.
The restaurant was actually named “LOUISVUI TON DAK,” which is a play on the designer’s name, and the Korean word for whole chicken, “tondak. The entrepreneur even used a mock-up of the Vuittan logo, printed on its wrappers and napkins. When applying for a trademark , trade description plays a vital role as the logo the nature of the goods, characteristics, etc. In most cases providing an appropriate trade description is easy, like in class which includes footwear, clothing, and headgear. Questions for your trademark advisor.
A properly qualified and experienced trademark advisor has the skill and the experience to draft a unique description that does all of these things, and to avoid the classification errors that often trip up novices. However, it does take time and thought to craft a custom trademark description. The small wine shop you visit may have their name and logo registered as a service mark, as they’re providing the service of selling you wine. While there, the wine you purchase likely has its name and logo registered as a trademark, as it’s a physical product you can purchase.
Example: Service Mark vs Trademark. Three dimensional trademark (it includes shape or packaging of goods), 4. It is similar to an adjective. An example would be “deep bowl”.
If that’s the mark you used to describe a spoon with a deep bowl for scooping, it is what’s known as a descriptive trademark. The trademark owner can be an individual, business organization, or any legal entity.
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