
Treated to Trademarks (Brand-Name
Candy)
Dennis Forbes of USPTO, Photographer
Protected
intellectual property or property created by the human mind also
includes trademarks and servicemarks. Another
name for a trademark is a brand name or a specific name
of a product. Trademarks tell you who makes the product. Trademarks
can be found on your Nike sneakers, or on the can of Coca-Cola
you drink at dinnertime. It can be the medicine you take
when you are sick like Tylenol, or it can be the name of
the car you drive like Lexus. Nike, Coca-Cola, Tylenol
and Lexus are all trademarks. “Trademarks are foundations
of competition for businesses and signify the freedom of
choice to consumers." What this means is that people
who buy things may choose to buy a brand they trust over
one they never heard of. Businesses compete or try to win
over the buyer by producing the best product for the best
price.
A
servicemark is the same thing as a trademark but it applies
to a service or work that is done for you by someone else. An
example would be the company H.R. Block that sells a service
to help people prepare their tax returns.
Trademarks
are registered with the United States Patent and Trademark
Office and protect both the producer (maker of goods) and
consumer (buyer of goods). They protect the producer
by not allowing anyone else to use a certain brand name,
which in turn, protects the consumer from being misled as
to the manufacturer or maker of the product. You can tell
if a brand name, phrase or even a symbol is protected by
registered trademark if you see this symbol ™.
Once
a trademark is registered, it can be renewed forever. However,
over time some trademarks become lost and cannot be renewed
because they have become so common or generic that they are
used to refer to the product instead of the brand name. An
example of a lost trademark is “Cellophane”,
which is now used to identify the product plastic food wrap. The
inventor of “Cellophane” lost the trademark.
Trademarks
have been around for a very long time.
Click here for
an interactive Trademark Timeline.
Then click here for
your chance to get another clue.
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