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2007-03-20 08:55:06
2007-03-20 08:55:06

There is a common misconception that you can "Copyright the material". According to the the federal regulations: "The following are examples of works not subject to copyright ...: Words and short phrases such as names, titles, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents;" 37 CFR 202.1 However, you can get "trademark" protection merely by using sufficiently distinctive words or phrases as a "brand" in association with your goods or services. The more distinctive, the stronger the protection. You may also seek to register the words in a state or in the federal Trademark Office so that others will be aware of your property rights in the mark, when used in association with the type of goods recorded in your registration application, even if you haven't yet begun to ship the product. You may use your trademark rights to prevent others from selling or importing goods that are likely to be confused as coming from your company because they use similar words as a brand name. See related questions that further describe the scope of your trademark rights and how to register, etc.


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A trademark is a symbol, word, or words legally registered or established by use as representing a company or product.

Trademark vs. copyright is slightly difficult to decipher. Trademarks protect specific words, pictures, or symbols that actually identify a brand, company, or person. Copyright is more like protecting from plagiarism such as an authors journalism, a musical artists lyrics, and an artists painting.

It that company holds the trademark, yes. Otherwise, this has the potential to be considered infringing, especially if the intent is to defraud consumers by implying an association with the owner of the trademark.

No, because individual words cannot be protected by copyright. Ubisoft has, however, registered Abstergo as a trademark.

No. Names, titles & common words/phrases cannot be protected by copyright. They can, under certain circumstances qualify for trademark protection.

Absolutely. Of course, millions of meaningful combinations of words have already been registered, which is why misspellings are increasingly popular.

he always says in your own words

There are several other words that you can use for trademark. Just to name a few, you can use symbol and logo. You could also use the words emblem and brand too.

music, persuasive words, light, camera.

Individual words and short phrases do not qualify for copyright protection. If you are using it in commerce (e.g., it's the name of a company or product), you may choose to register it as a trademark.

The word "ketchup" is not a trademark when used to describe and/or refer to the condiment made of pureed tomatoes, onions, sugar, spices, etc. A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies goods and services and distinguishes it from others' goods and services, and indicates the source of goods. The word "ketchup" could be used a trademark if it is not used in its normal descriptive sense. For example, if I used the term "KETCHUP" to refer to a brand of shoes sold by my company. Such use of the term "ketchup" would be in a trademark sense, as it is not descriptive of the goods I am selling, and therefore would constitute a trademark.

The goal of a brand name is to provide an easy way to recognize and remember the name that evokes a positive response in consumers. For example, many shoppers prefer to buy "brand name" products as opposed to the generic kind because of their perceived value. Once the registration is complete and the trademark has been granted the company who is now owner of the trademark will be legally protected from other companies to use whatever is included in the trademark granted, i.e. they cannot use the registered brand name, the logo, the slogan or any other item included in the trademark. If you want to register your brand then you can contact chakdebiz for a hassle free service.

John Hancock autograph mark stamp trademark

You do not. Names, titles, and common words/phrases are not eligible for copyright protection. It may be possible to register the name as a trademark, however (see related link below for more information)

The small "TM" (WolfQuest™) shown at the end of the project's name means trademark. WolfQuest is the intellectual property of Minnesota Zoo and Eduweb. The definition of a trademark is as follows- a symbol, word, or words legally registered or established by use as representing a company or product.

Since names, titles, and common words/phrases are not eligible for copyright protection an advertising slogan could only be registered as a trademark.

Names, titles, slogans, and common words/phrases do not qualify for copyright protection so a magazine title would have to be registered as a trademark.

It would seem in my opinion it's a mixture of local and on-line advertisements. But at the same time I receive advertisements for other states/countries.

Trademarks are words, symbols or designs that are used to identify the goods of a manufacturer. To be granted trademark protection, a good must be used in commerce, or buying and selling, and it must be unique or distinctive. Trademarks are also referred to as brand names. The Lanham Act Enacted in 1946, the Lanham Act is a federal statute that governs federal trademark law. It prohibits actions such as false advertising, trademark infringement and dilution. Advantages of Federal Trademark Registration All trademarks do not need to be registered, but federal registration has advantages. Most importantly, the trademark owner’s claim receives notice across the nation, and evidence of ownership is obtained. Trademarks are also subject to the jurisdiction of the federal court system and can be used to obtain registration in other countries. To prevent the import of similar, foreign goods, the trademark may be filed with the United States Customs Service. Obtaining a Trademark Rights are acquired by being the first one to use the trademark in buying or selling, or by being the first one to register the trademark. An application for trademark registration, along with a trademark design, is filed online with the Patent and Trademark Office. A trademark examiner reviews the application, and a response is issued within four months. The application may be rejected if the mark is generic or deemed immoral. If the examiner rejects the registration, the trademark owner may file an appeal with the Trademark Trial and Appeals Board. Maintaining Rights To maintain the registration, the owner must use the mark in a lawful way. Rights will be lost if the trademark is abandoned and not active for three years. Also, rights are lost when a trademark becomes generic and no longer represents a distinctive product. Trademark Infringement and Dilution Infringement and dilution refer to a violation of trademark rights. The use of identical or similar marks on an identical or similar product causes consumer confusion and is referred to as trademark infringement. Trademark dilution occurs when a famous name is used on a product that has no connection to the product of the trademark owner. As a result, consumers are confused whey trying to determine which product the name represents. Trademark owners can sue responsible parties for using the mark in an unauthorized way. A qualified attorney who specializes in trademark law can explain specific rules and help with trademark registration.

Although pronounce wee-gee or wee-jah, the spelling is Ouija board, which supposedly allows spirits to send messages by spelling words. The term is a trademark of the Hasbro Company, and is generally regarded as a toy.

Trademark attorneys are professionals who have specialized training in the field of intellectual property law. They can advise clients on a myriad of issues relating to trademarks, like filing an application, obtaining a trademark registration, and filing a lawsuit on their client’s behalf against an infringing competitor. It can be extremely helpful to bring in a trademark attorney in the early stages of opening a new business. A trademark attorney has the expertise necessary to help a start up company select a solid trademark. This trademark could be the business’s name presented as simple text or presented in a particular font or style. The trademark may also include a logo which can be registered with the business name or separately from the text, depending on the different ways in which the trademark may be used. It is likely that a new company will have several potential names and logos from which they must choose a favorite. Trademark attorneys can help with this process by performing searches of databases to determine the probable registrability of a particular mark. Some words or phrases are very popular and have been registered as trademarks by several businesses for a wide variety of goods or services. This makes for what trademark attorneys call a crowded field of marks. In a crowded field, no one trademark registrant owns the exclusive right to use that mark. Instead, they enjoy narrower protection that covers their specific presentation of the mark for the particular goods or services they provide. Generally, trademark attorneys will counsel that the more distinctive a trademark is, the stronger it is. They may advise avoiding a crowded field of marks by selecting a different mark that is in some way distinguishable from all other marks. This lessens the possibility that one of the prior registrants will decide to oppose registration of the new mark. Registrants may oppose a trademark application if they believe the registration of that mark will infringe their rights. Trademark attorneys are an invaluable resource to prevent this situation from happening or to successfully resolve such an opposition. Trademark attorneys have many years of specialized training and experience behind them to help business people choose and protect their brand name or logo. Few business assets are as valuable as a company’s trademark, which carries with it the reputation and good will the company has amassed during its years of operation.

Words and short phrases do not qualify for copyright protection. Cheerios is a registered trademark.

Although some countries recognize common law use of a trademark to be sufficient to delegate ownership, the best way to secure rights is to have trademark attorneys file registration for your trademark. This distinctive sign sets a product or service apart from all others. It is a valuable asset for anyone or any company to own; monetary value and advantages are the result of trademark ownership. Control of the product or service is also secure when those items are branded with a trademark. This right is indicated by either of two symbols for trademark, trade mark or trade-mark. One is the small superscript “TM”; the other is the registration mark, an R set inside a circle that appears as ®. One other symbol used to denote an unregistered service mark is a square symbol, the &#8480. A trademark is owned by an individual, a business, or some other legal entity. It can be bought, sold, licensed or otherwise used as an asset with monetary value. The product or service bearing a trademark right could be a name, an image or design, a logo, symbol, word or phrase. It could also be a combination of those elements. Some non-conventional trademarks are based on things that fall outside those categories, such as a product or service that is based on sound, color or smell. As soon as your trademark is registered, your trademark attorneys may begin work on the legal actions to secure the trademark from infringement or unauthorized use by others. A trademark usually refers to some distinguishing characteristic that is identifiable. When protection is granted to a service, the mark is often called a service mark. Other commons words that refer to a trademark include brand and logo. A trademark is much broader than a brand or logo, and may include packaging, colors, movement, a name, label or other element that distinguishes the product or service from others. Similar to a copyright, a trademark serves to uniquely and exclusively identify origin and ownership. Trademark registration designates exclusive rights to that sign or symbol and holds financial gain from use of that trademark to the owner and/or licensees. Trademark use has been traced back in history to Roman Empire blacksmiths who used their mark on swords they created. In the United States, the oldest trademark belonged to Samson Rope, in 1884. Trademarks are registered with the government of a particular country. Complexities of trademark registration are smoothed when you work with trademark attorneys. Source:

Logo'd clothing are symbols, words or designs that identify a specific manufacturer or identify an company. There are situations where logo'd clothing is not allowed, such as at work. Examples would be a shirt that has a Coca Cola logo on it, or the Nike swoosh.

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