Definition
A trademark is legally protected brand name, brand mark, or trade character (or some combination of the three). A trademark identifies one seller’s product and thus differentiates it from products of other sellers. It also aids in promotion and helps protect the seller from imitations. [1] [2]
The Lanham Trademark Act is a federal statute providing for the registration and protection of trademarks in the United States.
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A trademark may be eligible for registration, as it is in the U.S. through the U.S. Patent and Trademark Office of the Department of Commerce. [1]
A registered trademark obtains additional protection, mainly exclusive use, but special efforts are necessary to keep the registration and the exclusive use. A registered trademark is noted by the symbol ®. [1] [2]
Trademarks not officially registered can instead be marked with the trademark symbol (™) or the service mark symbol (℠). A service mark is the type of trademark used for a service rather than tangible goods. When a service mark is federally registered, the standard registration symbol ® or “Reg U.S. Pat & TM Off” may be used. [1] [2]
A trade character is a representation of a person, animal, or other being that is personified and used to identify a company, brand, or product. Exclusive use of a trade character requires a registered trademark. [1] Examples of trade characters include Kellogg’s Tony the Tiger, Planters’ Mr. Peanut, the Geico gecko, General Mills’ Betty Crocker, and the Keebler elves. [3]
References
- American Marketing Association. AMA Dictionary.
- Govoni, N.A. Dictionary of Marketing Communications, Sage Publications (2004).
- Life in the U.S.A., Food Icons, www.lifeintheusa.com/food/foodicons.htm.