History UsefulNotes / Trademark

28th Apr '16 7:00:20 AM Tdarcos
Is there an issue? Send a Message


Trademarks encompass two types of identifiers; a "trademark" is an identifier applied to some physical thing (a "good"). A "service mark" (or "servicemark") is an identifier applied to some practice (a "service") that is made available to the public but doesn't actually provide some physical thing. For example, your house has electricity for power and may have natural gas or oil for heating. The brand the electric company uses (PEPCO is the electric company for Washington, D.C.) is a service mark because you don't have any actual goods (you can't store electricity). However, the brand of oil or gas is a product you do receive, a physical good (which you could store), and is a trade mark. Now, if you are supplied utilities by a company that provides both gas and electric (the Pacific Gas & Electric Company of San Francisco) then their name can be both a trademark ''and'' a service mark. The term "wordmark" is also seen - this indicates a specific logo that consists of the word written in a specific font, color and spacing rather than a contrived device.

to:

Trademarks encompass two types of identifiers; a "trademark" is an identifier applied to some physical thing (a "good"). A "service mark" (or "servicemark") is an identifier applied to some practice (a "service") that is made available to the public but doesn't actually provide some physical thing. For example, your house has electricity for power and may have natural gas or oil for heating. The brand the electric company uses (PEPCO is the electric company for Washington, D.C.) is a service mark because you don't have any actual goods (you can't store electricity). However, the brand of oil or gas is a product you do receive, a physical good (which you could store), and is a trade mark. If you receive gas from a particular company (Wisconsin Gas Company) that does not use a separate name for their gas, then the company's name can be a trademark. If you received oil from a delivery company, that can be a servicemark as well as a separate trademark on the oil by the company that refined it. Now, if you are supplied utilities by a company that provides both gas and electric (the Pacific Gas & Electric Company of San Francisco) then their name can be both a trademark ''and'' a service mark. The term "wordmark" is also seen - this indicates a specific logo that consists of the word written in a specific font, color and spacing rather than a contrived device.
28th Apr '16 6:48:17 AM Tdarcos
Is there an issue? Send a Message


But even then, the restriction is only with respect to goods or services using a protected name or symbol; if you're making a movie involving a UN peacekeeping agency, you can put UN uniforms on the actors and use the UN flag or logo on their vehicles, or film a scene where International Red Cross workers are involved because of the First Amendment. As long as you don't try to include the protected symbols or names in the advertising for the movie, it's unlikely a court would prevent you from doing so unless you tried to claim you had approval of the organization. Although if the usage puts them in a bad light, they may threaten litigation. The Washington Metropolitan Airports Authority made noises that they were going to take action against Film/DieHard 2 because of its frequent mention of "Dulles Airport," which it operates, but nothing happened, someone probably realized they have no grounds to sue and would simply provide lots more publicity, vis-a-vis the StreisandEffect.

to:

But even then, the restriction is only with respect to goods or services using a protected name or symbol; if you're making a movie involving a UN peacekeeping agency, you can put UN uniforms on the actors and use the UN flag or logo on their vehicles, or film a scene where International Red Cross workers are involved because of the First Amendment. As long as you don't try to include the protected symbols or names in the advertising for the movie, it's unlikely a court would prevent you from doing so unless you tried to claim you had approval of the organization. Although if the usage puts them in a bad light, they may threaten litigation. The Washington Metropolitan Washington Airports Authority made noises that they were going to take legal action against Film/DieHard 2 because of its frequent mention of "Dulles Airport," which it operates, but nothing happened, someone probably realized they have no grounds to sue and would simply provide lots more publicity, vis-a-vis the StreisandEffect.
28th Apr '16 6:11:35 AM Tdarcos
Is there an issue? Send a Message


Trademarks (and service marks; that term will be explained later) are a term used to refer to an identifier for something placed in (legal) commerce. We have to make this additional point about it being legal, because you can't get a registration for something illegal. If, for example, you developed an improved version of crystal meth, [[Series/BreakingBad that's bright blue because of its high quality]], you won't be able to get a trademark registration on whatever name you put on it because the product isn't legal, or more likely, the cops will get your address from the trademark application and come bust you.

to:

Trademarks (and service marks; that term will be explained later) are a term used to refer to an identifier for something placed in (legal) commerce. We have to make this additional point about it being legal, because you can't get a registration for something illegal. If, for example, you developed an improved version of crystal meth, [[Series/BreakingBad that's bright blue because of its high quality]], you won't be able to get a trademark registration on whatever name you put on it (or possibly on the color, as we explain below) because the product isn't legal, or more likely, the cops will get your address from the trademark application and come bust you.
26th Nov '15 8:56:46 PM nombretomado
Is there an issue? Send a Message


There's another issue about trademarks, generally for titles of works of art like books, films, songs, you can't register the title as a trademark unless the work is extremely popular or has a very long history of use. ''Literature/HarryPotter'' or ''LeftBehind'' as the title of a series of works could be registered, but probably not the titles of the individual books in the series. This can cause problems because there are two completely unrelated movies named ''Film/{{Crash}}'', one about people that set up car crashes as erotica, and another that won an Academy Award. But, if you have a particular work and someone else releases something under the same or a very similar name you ''may'' be able to stop them. But there are exceptions, especially for parody. This is why porn movies usually do puns that are similar to mainstream movies ("Juranal Park" for ''JurassicPark'', "Saturday Night Beaver" for ''SaturdayNightFever'' and "Schindler's Fist" for ''SchindlersList'') as it can be considered parody, which comes (no pun intended) under Fair Use, below. There are exceptions; there is both a clean film called "What's Love Got To Do With It" and a porno film of the same name. How come the porno is able to have the same name? They used it first.

to:

There's another issue about trademarks, generally for titles of works of art like books, films, songs, you can't register the title as a trademark unless the work is extremely popular or has a very long history of use. ''Literature/HarryPotter'' or ''LeftBehind'' as the title of a series of works could be registered, but probably not the titles of the individual books in the series. This can cause problems because there are two completely unrelated movies named ''Film/{{Crash}}'', one about people that set up car crashes as erotica, and another that won an Academy Award. But, if you have a particular work and someone else releases something under the same or a very similar name you ''may'' be able to stop them. But there are exceptions, especially for parody. This is why porn movies usually do puns that are similar to mainstream movies ("Juranal Park" for ''JurassicPark'', "Saturday Night Beaver" for ''SaturdayNightFever'' ''Film/SaturdayNightFever'' and "Schindler's Fist" for ''SchindlersList'') as it can be considered parody, which comes (no pun intended) under Fair Use, below. There are exceptions; there is both a clean film called "What's Love Got To Do With It" and a porno film of the same name. How come the porno is able to have the same name? They used it first.
9th Aug '15 5:35:57 PM Tdarcos
Is there an issue? Send a Message

Added DiffLines:

Also, a trademark/servicemark can't be "offensive", e.g. a woman registered a word for lollypops in the shape of a rooster. If you guessed the word she used was "cocksuckers" you can probably understand why her registration was cancelled. Also, there have been attempts to cancel the Washington Redskins mark for its football team because it's considered offensive to Native Americans but a previous attempt was overturned in court on technical grounds, basically the mark has been in use since the 1940s and registered since 1967, so if there were objections they're supposed to be filed before the mark has been registered for twenty years.
9th Aug '15 5:26:47 PM Tdarcos
Is there an issue? Send a Message


Trademarks and Servicemarks come in two flavors: registered marks and unregistered marks. In some jurisdictions, ownership of a mark comes from registration, if you don't register the mark and someone else does, they own it. (This is the situation with Internet domain names.) In some jurisdictions, the first party to use a mark owns it, and can take away ownership from someone who started using it later even though the other party had registered their use of the mark and the first user did not. (This is the status in the United States.) There are, of course, various exceptions to the rules, which is why we say that the wives of lawyers that handle this sort of law have mink coats. To add to the fun, a trademark/servicemark can be registered with the U.S. Patent and Trademark Office, or it can be registered with the Secretary of State or equivalent agency in each state where the goods or services are sold. Or it can be registered at both the state and federal level. There are two reasons for this: if you only operate in one state, a state registration may be enough to start, is generally cheaper (about $50 or ledd vs. about $300) requires less paperwork (often nothing more than one page and a copy of the item or the advertising) and if you get to the point that you want to register the mark federally, the state registration can serve as evidence of the first use of the mark, which can be helpful if someone else uses the same or a similar mark to yours and you need to show you used it before them. Also, it gives your lawyer an option, in which they can sue in either federal court or state court, which, may be more advantageous in some cases.

to:

Trademarks and Servicemarks come in two flavors: registered marks and unregistered marks. In some jurisdictions, ownership of a mark comes from registration, if you don't register the mark and someone else does, they own it. (This is the situation with Internet domain names.) In some jurisdictions, the first party to use a mark owns it, and can take away ownership from someone who started using it later even though the other party had registered their use of the mark and the first user did not. (This is the status in the United States.) There are, of course, various exceptions to the rules, which is why we say that the wives of lawyers that handle this sort of law have mink coats. To add to the fun, a trademark/servicemark can be registered with the U.S. Patent and Trademark Office, or it can be registered with the Secretary of State or equivalent agency in each state where the goods or services are sold. Or it can be registered at both the state and federal level. There are two reasons for this: if you only operate in one state, a state registration may be enough to start, is generally cheaper (about $50 or ledd less vs. about $300) requires less paperwork (often nothing more than one page and a copy of the item or the advertising) and if you get to the point that you want to register the mark federally, the state registration can serve as evidence of the first use of the mark, which can be helpful if someone else uses the same or a similar mark to yours and you need to show you used it before them. Also, it gives your lawyer an option, in which they can sue in either federal court or state court, which, may be more advantageous in some cases.
20th Jul '15 11:10:14 AM nombretomado
Is there an issue? Send a Message


There's also a third class of trademark/service mark where the mark's owner licenses use of the mark to third parties. For a commercial business, it's called franchising. McDonalds, Burger King, Wendy's, etc. own their own restaurants and also franchise use of their trademarks and service marks to others. However, when you do not use the mark yourself but allow third parties to use it to certify that the goods or services they sell meet certain quality requirements, then it's a "certification mark". Some examinations for various professional certifications such as advanced insurance agent, software programmer or accountant are examples. The UL label on products indicates that the manufacturer submitted its device to Underwriters Laboratories Inc. for destructive testing; if the device survives over what would be extreme use by consumers, the manufacturer gets permission to put the UL certification mark on its product.

to:

There's also a third class of trademark/service mark where the mark's owner licenses use of the mark to third parties. For a commercial business, it's called franchising. McDonalds, UsefulNotes/McDonalds, Burger King, Wendy's, etc. own their own restaurants and also franchise use of their trademarks and service marks to others. However, when you do not use the mark yourself but allow third parties to use it to certify that the goods or services they sell meet certain quality requirements, then it's a "certification mark". Some examinations for various professional certifications such as advanced insurance agent, software programmer or accountant are examples. The UL label on products indicates that the manufacturer submitted its device to Underwriters Laboratories Inc. for destructive testing; if the device survives over what would be extreme use by consumers, the manufacturer gets permission to put the UL certification mark on its product.
20th Apr '15 11:36:52 PM Tdarcos
Is there an issue? Send a Message


Trademarks and Servicemarks come in two flavors: registered marks and unregistered marks. In some jurisdictions, ownership of a mark comes from registration, if you don't register the mark and someone else does, they own it. (This is the situation with Internet domain names.) In some jurisdictions, the first party to use a mark owns it, and can take away ownership from someone who started using it later even though the other party had registered their use of the mark and the first user did not. (This is the status in the United States.) There are, of course, various exceptions to the rules, which is why we say that the wives of lawyers that handle this sort of law have mink coats. To add to the fun, a trademark/servicemark can be registered with the U.S. Patent and Trademark Office, or it can be registered with the Secretary of State or equivalent agency in each state where the goods or services are sold. Or it can be registered at both the state and federal level.

Generally, if a mark is not registered, the owner will try to warn people it claims some ownership by using TM next to the term. If a mark is registered with the Federal Government through the Patent and Trademark office, the owner can use the R-in-a-circle ® symbol, or the much older "Reg. U.S. Pat. & TM Off." (Dupont likes to use the old format on its corporate logo). You can't use the ® on a mark only registered at the state level, but you can mention the state registration. A lot of companies would register their marks with the Pennsylvania Department of Agriculture, which is why a lot of products would have a notice "Reg. Penna Dept. of Agr." on them. Some countries did not allow the use of the R in a circle notice so some countries where a product's mark is registered the product would have the notice "Trade Mark Regd." on it.

to:

Trademarks and Servicemarks come in two flavors: registered marks and unregistered marks. In some jurisdictions, ownership of a mark comes from registration, if you don't register the mark and someone else does, they own it. (This is the situation with Internet domain names.) In some jurisdictions, the first party to use a mark owns it, and can take away ownership from someone who started using it later even though the other party had registered their use of the mark and the first user did not. (This is the status in the United States.) There are, of course, various exceptions to the rules, which is why we say that the wives of lawyers that handle this sort of law have mink coats. To add to the fun, a trademark/servicemark can be registered with the U.S. Patent and Trademark Office, or it can be registered with the Secretary of State or equivalent agency in each state where the goods or services are sold. Or it can be registered at both the state and federal level. \n\n There are two reasons for this: if you only operate in one state, a state registration may be enough to start, is generally cheaper (about $50 or ledd vs. about $300) requires less paperwork (often nothing more than one page and a copy of the item or the advertising) and if you get to the point that you want to register the mark federally, the state registration can serve as evidence of the first use of the mark, which can be helpful if someone else uses the same or a similar mark to yours and you need to show you used it before them. Also, it gives your lawyer an option, in which they can sue in either federal court or state court, which, may be more advantageous in some cases.

Generally, if a mark is not registered, the owner will try to warn people it claims some ownership by using TM next to the term. If a mark is registered with the Federal Government through the Patent and Trademark office, the owner can use the R-in-a-circle ® symbol, or the much older "Reg. U.S. Pat. & TM Off." (Dupont likes to use the old format on its corporate logo). You can't use the ® on a mark only registered at the state level, but you can mention the state registration.registration, e.g. "Trademark Registered with the Virginia Corporation Commission", "Servicemark Registered with the Arizona Secretary of State." etc. A lot of companies would register their marks with the Pennsylvania Department of Agriculture, which is why a lot of products would have a notice "Reg. Penna Dept. of Agr." on them. Some countries did not allow the use of the R in a circle notice so some countries where a product's mark is registered the product would have the notice "Trade Mark Regd." on it.



But even then, the restriction is only with respect to goods or services using a protected name or symbol; if you're making a movie involving a UN peacekeeping agency, you can put UN uniforms on the actors and use the UN flag on their vehicles, or film a scene where International Red Cross workers are involved because of the First Amendment. As long as you don't try to include the protected symbols or names in the advertising for the movie, it's unlikely a court would prevent you from doing so unless you tried to claim you had approval of the organization. Although if the usage puts them in a bad light, they may threaten litigation. The Washington Metropolitan Airports Authority made noises that they were going to take action against Film/DieHard 2 because of its frequent mention of "Dulles Airport," which it operates, but nothing happened, someone probably realized they have no grounds to sue and would simply provide lots more publicity, vis-a-vis the StreisandEffect.

to:

But even then, the restriction is only with respect to goods or services using a protected name or symbol; if you're making a movie involving a UN peacekeeping agency, you can put UN uniforms on the actors and use the UN flag or logo on their vehicles, or film a scene where International Red Cross workers are involved because of the First Amendment. As long as you don't try to include the protected symbols or names in the advertising for the movie, it's unlikely a court would prevent you from doing so unless you tried to claim you had approval of the organization. Although if the usage puts them in a bad light, they may threaten litigation. The Washington Metropolitan Airports Authority made noises that they were going to take action against Film/DieHard 2 because of its frequent mention of "Dulles Airport," which it operates, but nothing happened, someone probably realized they have no grounds to sue and would simply provide lots more publicity, vis-a-vis the StreisandEffect.



In the examples given earlier, the color pink used on insulation is a trademark (you actually have the insulation), but Jiffy Lube is a service mark, you had the service of an oil change done (and the oil change is done using oil bearing the "Pennzoil" trademark). As noted earlier, in some cases the identifier can be both a trademark and a servicemark. While the MGM Lion Roar sound was a service mark until the 1980s since you didn't get a copy of the film, you just got the service of viewing the film, but now you can get the service of watching a film in a theatre, and the goods of the actual film on video disc, this sound mark could be both a trademark and a service mark.

A trademark or servicemark is used to identify goods or services that you produce; you do not necessarily have to be a commercial organization or even making a profit to obtain one to identify your products and services. For example, a religious organization might have a trademark on the name of its particular religious text ("The Most High Sun Prayer Guide") and a service mark for the name of its particular religion. ("[=PraySun=]"). The Salvation Army has a service mark registration on its red shield, and the Jehovah's Witnesses have trademarks in their publications "Awake!" and "The Watchtower".

There's also a third class of trademark/service mark where the mark's owner licenses use of the mark to third parties. For a commercial business, it's called franchising. McDonalds, Burger King, Wendy's, etc. own their own restaurants and also franchise use of their trademarks and service marks to others. However, when you do not use the mark yourself but allow third parties to use it to certify that the goods or services they sell meet certain quality requirements, then it's a "certification mark". The UL label on products indicates that the manufacturer submitted its device to Underwriters Laboratories Inc. for destructive testing; if the device survives over what would be extreme use by consumers, the manufacturer gets permission to put the UL certification mark on its product.

to:

In the examples given earlier, the color pink used on insulation is a trademark (you actually have the insulation), but Jiffy Lube is a service mark, you had the service of an oil change done (and the oil change is done using oil bearing the "Pennzoil" trademark). As noted earlier, in some cases the identifier can be both a trademark and a servicemark. While the MGM Lion Roar sound was a service mark until the 1980s since you didn't get a copy of the film, you just got the service of viewing the film, but now you can get the service of watching a film in (in a theatre, via pay-per-view or on-demand via cable or satellite, or on-line via streaming), and the goods of the actual film on (on video disc, or digital download), this sound mark could be both a trademark and a service mark.

A trademark or servicemark is used to identify goods or services that you produce; you do not necessarily have to be a commercial organization or even making a profit to obtain one to identify your products and services. For example, a religious organization might have a trademark on the name of its particular religious text ("The Most High Sun Prayer Guide") and a service mark for the name of its particular religion. ("[=PraySun=]"). This is exactly the situation with the Church of Scientology, where "Scientology," the name of their religion, is a registered servicemark, while their primary reference manual, "Dianetics" is a registered trademark. The Salvation Army has a service mark registration on its red shield, and the Jehovah's Witnesses have trademarks in their publications "Awake!" and "The Watchtower".

There's also a third class of trademark/service mark where the mark's owner licenses use of the mark to third parties. For a commercial business, it's called franchising. McDonalds, Burger King, Wendy's, etc. own their own restaurants and also franchise use of their trademarks and service marks to others. However, when you do not use the mark yourself but allow third parties to use it to certify that the goods or services they sell meet certain quality requirements, then it's a "certification mark". Some examinations for various professional certifications such as advanced insurance agent, software programmer or accountant are examples. The UL label on products indicates that the manufacturer submitted its device to Underwriters Laboratories Inc. for destructive testing; if the device survives over what would be extreme use by consumers, the manufacturer gets permission to put the UL certification mark on its product.
18th Jan '15 8:03:02 AM Tdarcos
Is there an issue? Send a Message


Then there is the concept of FairUse, (which while normally relevant to copyright, also applies to use of other people's trademarks), where someone can use someone else's trademark whether its owner likes it or not. For example, let's say I run a blog and I post openly that I happen to hate Coca-Cola because I think it tastes bad, and I happen to like Dr. Pepper. They can't successfully sue me because it's a legitimate commentary. (To be fair, I will note that my brother, on the other hand, likes Coke and hates Dr. Pepper.) This use of their trademarks is fair use because I am giving a comparison of products. Now, if I sold a soft drink called "Swill", and I ran a survey, I could legally say that "86% of customers preferred Swill over Mountain. Dew" (as long as it was true). (This was the entire premise of the PepsiChallenge, where Pepsi showed that people preferred it over Coke, and started the Cola Wars of the 1980s.)

to:

Then there is the concept of FairUse, (which while normally relevant to copyright, also applies to use of other people's trademarks), where someone can use someone else's trademark whether its owner likes it or not. For example, let's say I run a blog and I post openly that I happen to hate Coca-Cola because I think it tastes bad, and I happen to like Dr. Pepper. They can't successfully sue me because it's a legitimate commentary. (To be fair, I will note that my brother, on the other hand, likes Coke and hates Dr. Pepper.) This use of their trademarks is fair use because I am giving a comparison of products. Now, if I sold a soft drink called "Swill", and I ran a survey, I could legally say that "86% of customers preferred Swill over Mountain. Dew" (as long as it was true). (This was the entire premise of the PepsiChallenge, UsefulNotes/PepsiChallenge, where Pepsi showed that people preferred it over Coke, and started the Cola Wars of the 1980s.)
18th Jan '15 7:54:08 AM Tdarcos
Is there an issue? Send a Message


As a result of treaties between countries, there are marks of international organizations that can't be used without their permission. The word "Olympic" or the 5 interlocking rings; the UsefulNotes/UnitedNations flag or logo; UsefulNotes/TheRedCross (Johnson & Johnson can still use the Red Cross for cotton in the United States because they were using it more than 100 years ago before the symbol was protected), Red Crescent (some Muslim countries) or Red Crystal. (The Red Crystal got created because the Arab countries wouldn't put up with the use of a red Star of David as the Israeli Red Cross used, so they picked something less offensive.)

But even then, the restriction is only with respect to goods or services using a protected name or symbol; if you're making a movie involving a UN peacekeeping agency, you can put UN uniforms on the actors and use the UN flag on their vehicles, or film a scene where International Red Cross workers are involved because of the First Amendment. As long as you don't try to include the protected symbols or names in the advertising for the movie, it's unlikely a court would prevent you from doing so unless you tried to claim you had approval of the organization.

to:

As a result of treaties between countries, there are marks of international organizations that can't be used without their permission.permission (unless you were using the mark for something before the mark was granted treaty status). The word "Olympic" or the 5 interlocking rings; the UsefulNotes/UnitedNations flag or logo; UsefulNotes/TheRedCross (Johnson & Johnson can still use the Red Cross for cotton in the United States because they were using it more than 100 years ago before the symbol was protected), Red Crescent (some Muslim countries) or Red Crystal. (The Red Crystal got created because the Arab countries wouldn't put up with the use of a red Star of David as the Israeli Red Cross used, so they picked something less offensive.)

But even then, the restriction is only with respect to goods or services using a protected name or symbol; if you're making a movie involving a UN peacekeeping agency, you can put UN uniforms on the actors and use the UN flag on their vehicles, or film a scene where International Red Cross workers are involved because of the First Amendment. As long as you don't try to include the protected symbols or names in the advertising for the movie, it's unlikely a court would prevent you from doing so unless you tried to claim you had approval of the organization. \n Although if the usage puts them in a bad light, they may threaten litigation. The Washington Metropolitan Airports Authority made noises that they were going to take action against Film/DieHard 2 because of its frequent mention of "Dulles Airport," which it operates, but nothing happened, someone probably realized they have no grounds to sue and would simply provide lots more publicity, vis-a-vis the StreisandEffect.
This list shows the last 10 events of 30. Show all.
http://tvtropes.org/pmwiki/article_history.php?article=UsefulNotes.Trademark