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What is a trademark?
A trademark is a word, phrase,
symbol, or design, or a combination
of these that identifies and
distinguishes the source of goods of
one party from those of others.

Trademark Examples
Words

Phrases

Trademark Examples
Symbols

Designs

What is a service mark?


A service mark is the same as a
trademark, except that it identifies and
distinguishes the source of a service,
rather than a product.

Service Mark Examples

Trademark and Mark


Both of these terms are used to refer
to trademarks (goods or products)
and service marks (services).

Functions of a Trademark
Indicates the source of origin of
goods or services
Helps guarantee the quality of goods
bearing the mark
Creates and maintains a demand for
the product
Used as a marketing tool to build a
brand
Can have great $ value to a company

Why Protect a Trademark?


Trademarks are protected under federal and state
law
Trademarks are earned not born
Trademarks come into being through actual use

You do not have to register a trademark to have it


protected, but there are some advantages to doing
so
A trademark registration provides:
Constructive notice to the public of the registrant's claim of
ownership of the mark
Registrant's exclusive right to use the mark nationwide on or
in connection with the goods and/or services listed in the
registration

Spectrum of Distinctiveness &


Levels of Protection
Fanciful
n
o
r
St
r
ge
k
a
e
W
er

Arbitrary
Suggestive
Descriptive
Generic

Marks Declared Famous

Thank
You

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