What’s in a Name?

Written by James Sanders

Trademarks are one of the terms used in the intellectual property realm that often gets confused with patents and copyrights.  To simplify things, a trademark helps a consumer identify a product or service.  Logos, names and tag lines are typically trademarked items.  Nike has the swoosh, McDonalds and their golden arches and GE’s “We bring good things to life” are all great examples.  So, what are some basic requirements for a trademark.  Below is a list:

• Identify who owns the trademark – individual, corporation, LLC, any other type of entity
• What type of mark will be used –
  • Standard Character Format – Registration of works, letters and/or numbers in any style or design
  • Special Character Format – Registration of words, letters numbers that have a design element incorporated with them (If you would like to learn about some famous logos and their story, check out this article)
  • Sound Mark – This is a sound that is associated with a particular business or entity (e.g. ESPN’s alert sound, Time Warner’s Looney Tunes Theme Song, MGM’s Lion Roar)
• Create a drawing or specimen of the particular mark;
• What is the mark associated with (e.g., what goods or services does it represent?)

Once you have the above listed items established, then you need to determine how to protect your trademark.  In most states, you have the ability to file for trademark protection at that level.  There are also certain common law protections that are put in place for more local usage.  However, the main way to provide you the broadest protection is to file on a Federal Level, which is the US Patent and Trademark Office in the United States.  You could also file for protection internationally as well depending on what foreign country you will be using the trademark in.  Regardless, I would suggest you engage an experienced intellectual property attorney to help you navigate the process.  Next week, we will review copyrights.