Thursday, March 29, 2012

Trademarks Defined & Illustrated

What the heck is a trademark anyways? Here is one definition from the International Trademark Assn (INTA), which the undersigned has been a member of for many years.

I. Trademarks Defined

"A trademark is any word, name, symbol or device (or any combination thereof) that identifies and distinguishes the source of the goods of one party from those of others. Similarly, a service mark is any word, name, symbol or device (or any combination thereof) that identifies and distinguishes the services of one party from those of others. Service marks are often referred to as trademarks for convenience or because certain jurisdictions may not recognize the term service mark.

A trademark or service mark can be a word, logo, slogan, package design or other source indicator (or a combination thereof), or any other cognizable thing that serves to indicate a particular source, good or service."

An example of a well known "word" mark is NIKE® or ADIDAS® or BODY GLOVE®. And speaking of BODY GLOVE®, this trademark owner also has a very famous design mark or logo that features a drawing of a hand. Another example of a famous design or logo would be that belonging to the owner of the Ferrari trademark for cars.


II. Illustrations: Every picture tells a story... don't it?!..

A. Ferrari. Below, is a new Ferrari vehicle which my nephew informs me is the "Ferrari 360 Modena!"

This car above features the design of a horse as a logo and represents a registered trademark, as follows, from the TESS database at the U.S. Patent and Trademark Office (USPTO;

Mark Image

Word Mark SF
Goods and Services IC 012. US 019 021 023 031 035 044. G & S: Land motor vehicles, namely, motor cars, automobiles and sport cars, and structural parts and accessories thereof sold as a unit, suspension systems for automobiles, engines, transmissions and brakes for land vehicles, motor car bodies, motorbikes and, bicycles

IC 024. US 042 050. G & S: Flags made from fabrics, textile table cloths and napkins, beach towels, bed linen, bed covers, blankets
Design Search Code 03.05.01 - Horses
03.05.24 - Stylized horses, donkeys, zebras
24.01.02 - Shields or crests with figurative elements contained therein or superimposed thereon
Serial Number 78459915
Filing Date July 30, 2004
Filing Basis 44E
Original Filing Basis 1B;44E
Published for Opposition May 9, 2006
Registration Number 3122681
Registration Date August 1, 2006
Owner (REGISTRANT) Ferrari S.p.A. SOCIETA PER AZIONI ITALY Via Emilia Est 1163 41100 Modena ITALY
Attorney of Record Albert Robin
Description of Mark The mark consists of a shield with a representation of a prancing horse, a letter "S" at the lower left-hand side of the prancing horse and a letter "F" at the lower right-hand side of the prancing horse.
Type of Mark TRADEMARK
Live/Dead Indicator LIVE


B. Below, is a photo of a popular food truck in So. California, esp. in L.A. County. Shown here is the KOGI Korean BBQ food truck which has a large rabid and loyal customer base.

KOGI is considered a service mark because it provides "Mobile cafe services for providing food and drink." This particular mark is registered as a composite or design mark because it is composed of both a word, namely, "KOGI" plus a design element, as shown below.


C. Below, is a photo of the West Los Angeles retail store, GIANT ROBOT, which features toys and collectibles and has a huge customer fan base. GIANT ROBOT is also a service mark, in this case for retail services.


Please stay tuned and check back in with us for more brief remarks about trademarks.

Kind regards,

William E. Maguire
Los Angeles, Calif.

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