A
Trademark indicates the source of a product
or service. Common examples include the names
of product or services (Coca Cola, Kodak),
slogans that are associated with products
or services (Fly the Friendly Skies), and
logos or designs. It may also be possible
to claim trademark rights in distinctive colors
(the color pink for Owens Corning insulation),
distinctive phone numbers, distinctive music
(the NBC chime), etc.
How
can one lose rights to a trademark?
One can lose rights to a trademark if a mark
that was once distinctive becomes the common
generic name for a product or service. This
may occur when a trademark owner does not
properly police the use of his or her mark.
In one example, the word "escalator"
was once a trademark for a brand of moving
stairs, but because of improper policing of
the mark it has become generic.
The
name of a product or service should always
be capitalized. It should always be used in
conjunction with the common generic name of
the goods or service as in "Ford motor
car" or "XYZ brand of toilet tissue".
Never use a trademark as a verb; it is improper
to "Xerox a document" - instead,
one photocopies a document using a Xerox brand
copy machine.
Distinctiveness
of Marks
Under trademark law, a mark must be distinctive
(i.e. capable of distinguishing the product
or service from others.) Thus, trademarks
are classified according to their level of
distinctiveness and are afforded protection
according to their classification.
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