TRADEMARKS - Symbols of Product Quality

A trademark is a symbol -- a word, letter, slogan, design, the shape or appearance of packaging, or any other symbol -- that identifies and distinguishes a product or service. 

 

IBM®, 3M®, Coca-Cola®, Kodak®, Tide®, and M&M's® are trademarks. These well-known symbols are placed on products and indicate that the products come from a particular source. 

 

Trademarks often are used with the abbreviations "®" or TM. An ® denotes a trademark that has been registered with the federal government. TM is used to denote trademarks that are not federally registered. 

Trademarks, also called brand names, help us select one product or service over another. The owner of a trademark uses it to enable customers to recognize the product. Customers can rely on a given trademark to tell them that a product is of a consistent level of quality to which they are accustomed. 

 

Trademarks allow customers to choose products based on previous experience, good or bad. When "generic" products were popular, many products were sold without a trademark that would indicate whether the product was from the same source as a previous purchase. Consumers eventually turned back to trademarked products. 

A trademark indicates that all products bearing the trademark come from, or are controlled by, a single source. The source can be a single manufacturer, or can be manufacturers licensed to make the product according to standards. 

 

The buyer does not necessarily know the name of the source. A purchaser of Tide® may or may not be able to name the company that makes Tide®, but knows that the next package of Tide® will come from the same source as the last package. 

Trademarks sell products. The trademark is a symbol upon which buyers can fix their expectations and associations concerning a product and its qualities. The same is true for trademarks that identify services, often called service marks. 

 

Trademarks enable businesses to invest in advertising that builds commercial reputation and public confidence in product quality. Without trademark rights, copiers could take a free ride on investments in advertising and goodwill. Advertising based on trademarks is important in bringing new products and services to market. 

In essence, a trademark gives the owner the right to prevent others from "infringing" -- using the mark in a way that is likely to cause confusion. Courts can order infringers to pay damages and stop using the mark. 

 

The most blatant kind of infringement is trademark counterfeiting. Counterfeiting is the deliberate reproduction of a trademark by an unauthorized party, for purposes of deceiving consumers into thinking they are purchasing a genuine product when in fact they are purchasing a copy -- a knock-off. 

 

Trademark counterfeiting, often called piracy, is simply theft. Violators are subject to severe civil and criminal penalties. Counterfeiting costs jobs in legitimate businesses and promotes inferior and unsafe products. No one should knowingly purchase products bearing counterfeit trademarks. 

 

If a trademark becomes famous, the owner may be able to stop other parties from using it commercially in a way that "dilutes" its distinctive quality even when the use does not infringe. 

Trademark owners in the United States who use marks in interstate or foreign commerce can obtain important benefits by registering with the U.S. Patent and Trademark Office in Arlington, VA. Registrations are issued for a period of 10 years, and may be renewed indefinitely as long as the mark is in use. 

 

To be eligible for registration, a mark must not resemble another mark closely enough to be likely to cause confusion or deception, taking into account the product or service. Generic names are not registrable; terms that describe the product or service are not readily registrable. 

"Intellectual property" is a term used to describe intangible creations of the human intellect that are protected by law. Rights in trademarks are intellectual property rights. 

 

Other intellectual property rights include patents, copyrights, and trade secrets. 

 

PATENTS protect inventions and technology for a nonrenewable period of nearly 20 years. The U.S. Patent and Trademark Office grants 100,000 patents a year to companies, universities, and independent inventors. 

 

COPYRIGHTS protect literary and artistic works, such as books, papers, photographs, art, music, movies, recordings, and software. Copyrights may be registered with the U.S. Copyright Office in the Library of Congress. 

 

TRADE SECRET LAWS in the 50 states protect technical and business information, such as formulas, processes, and customer lists. Protection is against theft and breach of confidentiality. 

 

Intellectual property laws encourage technological innovation, literary and artistic creativity, and business investment.