Ch 8 Flashcards
Trademark
Distinctive mark, motto, device or emblem that manufacturer
Stamps, prints or otherwise affixes to goods it produces
Once trademark is established, the owner is entitled to exclusive
Use
Intellectual Property
Property resulting from intellectual, creative processes
Ex. Books, computer files, software, movies, music
Latham Act of 1946
Protects manufacturers from losing business to rivals for using
Similar trademarks
Incorporates common law of trademarks and provides remedies
For owners of trademarks
Trademark dilution act
Illegal for companies to use very similar trademarks
Trademark registration
Can be done at both federal and state levels
For federal, application is filed with the US Patent and Trademark
Office in Washington DC
Generic terms
Whole class of industry Not protected under patent law
Ex. Bicycle, computer
Secondary terms
Protected under patent law
Ex. Color of trademark
Service Mark
Mark used in sale or advertising services to distinguish services
Of one person or company from others
Titles, character names and other distinctive features of radio
And television programs may be registered as service marks
Certification mark
Mark used by one or more persons other than the owner, to
Certify the region, materials, mode of manufacture, quality
or other characteristics of specific goods or services
Collective mark
Mark used by members of cooperative, association, union, or
Other organization to certify region, materials, mode of manufacture
Quality, or other characteristics of specific goods or services
Trade dress
Image and overall appearance of product, subject to same
Protection as trademarks
Ex. Distinctive decor, menu, layout, style of service at particular
Restaurant
Stop Counterfeiting in Manufactured Goods Act 2006
Crime to traffic counterfeit goods
Up to $2,000,000 in fines and 10 years in prison
Trade Name
Term used to indicate part or all of a business’s name and that
Is directly related to business’s reputation and goodwill
Trade names are protected under common law
Trade names are protected under trademark law if…
The name is the same as that of the firm’s trademarked product
Cyber mark
Trademark in cyber space