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Glossary of Law MidTerm Intellectual Property

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Trademark (definition)
any word, name, symbol, device or combination of these used by a manufacturer or seller to identify its products and to distiguish them from competitors
Service Mark
same as a trademark, but for services
Spectrum of Protection (for TM)
Least .... to .... Most
(1) Descriptive (2) Suggestive (3) Arbitrary (4) Coined/Fanciful
TM vs. R
TM is used for unregistered Trademarks, R is for registered; TM is free to use, R costs $$; R means you can collect easier if someone infridges
Descriptive TM example
Describes the product - often it can not be Trademarked
(Apple computers can not own the TM for an apple stand, but it is fine for a computer store)
Suggestive TM (example)
Quality Inn
It suggest something about the product or company
Arbitrary TM (example
Apple Computers
Real word, but unrelated to topic
Coined/Fanciful TM (example)
Exxon
Made up - no meaning outside of company, or product
Loosing a TM
if the word becomes common speak, Kleenex (almost Xerox)
What can be Trademarked?
Service, slogans, names, symbols, logos, colors (Owings Corning Pink), domain names, non-functional designs (bottles of nice perfume)

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