So what is a trademark (or service mark)?
When most people speak of trademarks or service marks they think of the name of a company or its products, or even the name given to the services being provided. Some of the most powerful trademarks and service marks, however, are intangibles which are simply recognized by sight. Some company's logos are so well known that nothing else is needed. Show a circle with a three pointed star to anyone who likes cars and Mercedes-Benz will immediately come to mind.
There are other marks, however, which are very valuable which can help distinguish a company's product or service. Owens-Corning was the first company to trademark a color. Remember the Pink Panther commercials? Owens-Corning has seven trademarks for products which are pink or have pink packaging.
Its not just color - sounds can be registered too. NBC registered the tones that lead into its evening newscast. To listen to trademarked sounds check out the USTPO.
Even the shape of a product can serve as a trademark. While shape and look of a product is often referred to as trade dress, configuration trademarks can be registered with the U.S. Patent and Trademark Office. The shape of a Coca-Cola bottle is a registered trademark, as is your beloved LAVA lamp.
One word of caution about configuration trademarks. The courts have held that a configuration can never be inherently distinctive. To obtain a trademark registration, you will need to show that the mark has acquired secondary meaning. In other worlds, the public has come to associate the look of the product as an identification of source.
There are other marks, however, which are very valuable which can help distinguish a company's product or service. Owens-Corning was the first company to trademark a color. Remember the Pink Panther commercials? Owens-Corning has seven trademarks for products which are pink or have pink packaging.
Its not just color - sounds can be registered too. NBC registered the tones that lead into its evening newscast. To listen to trademarked sounds check out the USTPO.
Even the shape of a product can serve as a trademark. While shape and look of a product is often referred to as trade dress, configuration trademarks can be registered with the U.S. Patent and Trademark Office. The shape of a Coca-Cola bottle is a registered trademark, as is your beloved LAVA lamp.
One word of caution about configuration trademarks. The courts have held that a configuration can never be inherently distinctive. To obtain a trademark registration, you will need to show that the mark has acquired secondary meaning. In other worlds, the public has come to associate the look of the product as an identification of source.




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