Brands, Logos and Trademarks !

Introduction:

A. Brands and Logos


Check out this article posted online courtesy of Yahoo ! Finance and CNN Money:




http://finance.yahoo.com/career-work/article/107520/whats-in-a-new-logo.html

The above article is a good place to start when thinking about adopting a logo or changing the logo you're already using. It cites examples of very well known corporate brands or logos such as Starbucks, Apple, UPS and others.




B. Trademarks

1. What Is a Trademark or Servicemark ?

A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

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. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office...
(Source: http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm )

2. The Relationship between Brands/Logos and Trademarks

It is the legal device, as defined above, and known as a trademark that protects the brand. The brand is the commercially intangible yet recognizable source for the goods and/or services that are of interest to the consumer making the purchasing decision. The trademark, on the other hand, is like the shrink wrapping or the umbrella or deflector shield that protects the brand from being used by third parties for the purpose of unfairly competing with the owner of the brand and trademark.

In other words, in a competitive commercial business environment that is a staple of a capitalist society, it is imperative that brands be protected by trademarks.

If you are interested in protecting your brand, logos with a trademark, please contact the undersigned. We also welcome you to visit our website where we have several articles posted that may be of interest to you concerning the selection, clearance and registration of trademarks.

Until next time.....


William E. Maguire,
Los Angeles, Calif.
http://www.TrademarkEsq.com

Note: The logos or brands highlighted in this blog post are the property of their respective owners and have only been used here as examples of brands or logos. The undersigned does not claim any rights of ownership to said brands or logos.

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