Main features Main features Use of TM symbols Use of TM symbols Trade mark protection Trade mark protection What is Intellectual Property? What is Intellectual Property?

Comes from a creative mind Comes from a creative mind Needs protection Needs protection Confused by people Confused by people

A trademark is a type of intellectual property, and typically introduces a name, word, phrase, logo, symbol, design, image, or a combination of these elements ( The United States Patent and Trademark Office )

Two names generic name brand name Pepsi ® Coke ® Nike ® Reebok ® cola soda sneaker athletic shoe

The term "trademark" is often used to refer to any type of mark that can be registered with the United States Patent and Trademark Office (Inventors.com) Two types of marks Trademarks Service marks

Trademarks – to identify goods physical commodities natural manufactured produced sold distributed

Service marks - to identify service & intangible activities

The trademark symbol The registered trademark symbol symbol To indicate any mark to be a trademark To indicate any mark to be a trademark Company does not need to receive permission Company does not need to receive permission May only be used after a Federal registration May only be used after a Federal registration May not be used while the Federal application is pending May not be used while the Federal application is pending

Trademark - a form of property Trademark - a form of property Use in the marketplace Use in the marketplace Registration of the mark Registration of the mark

A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered (The U.S. law) (The U.S. law)

The law allows to prevent unauthorized The law allows to prevent unauthorized use of the mark in the United States - first use the trademark in the United States - first use the trademark in commerce Other countries - the goods or services must occupy a highly significant position in the marketplace Other countries - the goods or services must occupy a highly significant position in the marketplace

If a trademark has not been registered: some jurisdictions offer protection some jurisdictions offer protection through the tort of passing off through the tort of passing off trading under an unregistered trademark trading under an unregistered trademark start using the same or a similar mark start using the same or a similar mark

If a trademark has been registered : easier for the owner to demonstrate easier for the owner to demonstrate trademark rights trademark rights enforce the rights through an infringement action enforce the rights through an infringement action ! Unauthorized use of a registered trademark damages an infringement lawsuit an infringement lawsuit

Trademarks: commercial source indicators commercial source indicators distinctive signs of certain goods or services distinctive signs of certain goods or services protects words, names, symbols… protects words, names, symbols… a subject to various protection and limitations a subject to various protection and limitations

TM must be registered and renewed TM must be registered and renewed if not - consumers would be seriously harmed if not - consumers would be seriously harmed unaffiliated firms could sell products unaffiliated firms could sell products fake drugs could potentially cause damage fake drugs could potentially cause damage