What is “THE” Recipe for protecting yourself and your hardwork?
Trademarks or Service Marks are used to identify the source and to distinguish from goods of others. Want to protect your title, slogan, or other short word phrase?
You want some form of trademark protection. A Servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
Trademark rights may be used to prevent others from using a confusingly similar mark, BUT not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Patents protect ideas or processes.
Two types of Trademarks –
1) Design Trademark such as the golden yellow McDonald arches symbol. Trademarks protect an owner against brand misrepresentation or and likelihood of confusion and promotes customer recognition and loyalty. If these arches are painted a different color, for example black and green a sky blue and trademarked for a different company.
2) Standard Character Trademark such as a slogan. It is based on the words themselves and not the typestyle or color or font size. For example, American Express’ “Don’t leave home without it”.
Trademark protection is different from Copyright. Unlike Trademarks, copyright does not protect against unlicensed used of phrases or slogans as well as use of names and ideas or and facts. It does protect original expression in tangible format.
In the next post, I will explore if and why a trademark is the same as a trade name and which route to go; Copyright versus Trademarks?