Patent Trademark Law With Example In Maricopa
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FAQ
The McDonald's golden arches design is an example of a registered trademark in special form format. The company Nike registered this trademark in special form format, combining the stylized word Nike with their swoosh logo. The format of the trademark you apply to register affects your application filing requirements.
The first is Genericide, a term used when a brand name has become so widely used that it becomes synonymous with a general class of product or service, causing the trademark to lose its distinctiveness. For example, 'Band-Aid' often being used to refer to any adhesive bandage is an instance of genericide.
Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected.
How to Patent a Phrase. Patents protect novel inventions. Thus, it is not possible to patent a phrase, saying, quote or term. Instead, trademark protection would apply.
Likelihood of confusion is a common reason for refusal of a trademark application. The USPTO will review your application and compare your mark to any existing trademark applications or registered trademarks.
If a trademark misdescribes a quality, purpose, function, feature, characteristic, ingredient, or use of the goods or services, and the misrepresentation would be credible or plausible to consumer, the mark would be refused as deceptively misdescriptive.
Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic. Think about them this way. You want your trademark to be strong or “hot,” as opposed to weak or “cold.”
The cheapest way to get a trademark is to file a state trademark application, which is typically less expensive than a federal trademark application.
Trade names and trademarks can be the same but mean two different things. A trade name is the name of a business. A trademark is a name, symbol, word, design, or a combination of these things that denotes a specific product or brand and communicates exclusive ownership. A trade name can be used by other companies.
R gives you much greater legal protections compared to an unregistered trademark (TM). If you register your brand name or logo (otherwise known as a “mark”), you get a legal presumption of ownership over it.
