Watson IP Group

Watson IP Group

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What Can You Trademark: Everything You Need to Know

Examples of Indicator of Source

The short answer is virtually anything that functions as an indicator of source. Among other examples, common examples include items such as a word, a logo, a slogan, a sound, a color, product packaging and a product configuration.

A word mark, may be, for example, XEROX, APPLE, COKE, FORD.

A logo mark, may be, for example any of the following logos:

A slogan trademark may be, for example “We keep you road ready” for an automotive repair shop, or the USPS slogan of “we deliver for you”.

An example of a sound trademark can be the chimes of the NBC television channel jingle, or the DING! of Southwest’s commercials.

An example of a color trade can be the pink color of Owens Corning fiberglass insulation.

An example of a product packaging can be the distinctive bottle design of Coca-Cola or the French fry container for a McDonald’s large fry.

An example of product configurations can be the protected product configuration of the Hershey chocolate bar.

Each one of these performs a function to act as an indicator of source of the owner. In each case, while the medium is different, or the appearance is different, there is certainly an impression on a consumer that when they see, hear or say one of these, there is a connection to a source of the products and services.

And there are thousands of examples of each one of these types of trademarks.

Also, each of these trademarks is connected to one or more goods and/or services. That is, the trademark does not exist in a vacuum and reserved for any use. Rather, a trademark is connected with particular goods and services of the owner.

As trademarks become more famous, their zone of exclusion can grow. For example, it is very difficult to think that the term Apple can be used for many things without triggering an accusation from Apple. This is because the Apple mark has become quite famous.

On the other hand, the same trademark may be utilized for different services by different owners where there is little chance of any confusion. For example, there are a number of trademarks that may be the same, but in vastly different services or goods. The same mark Equal has a number of different registrations owned by different owners in vastly different goods and services. And, all can peacefully co-exist.

Thus, even if you are aware of another use of the same mark, this may or may not preclude you from using the same mark in a completely different field, or with completely different goods and/or services. The hallmark of trademarks is whether or not there is a likelihood of confusion. And, the similarity of the marks is only one of the criteria by which to make a determination on a likelihood of confusion. There are many other factors.

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