It can even be a sound, a scent, or a color. DOMINO LOGO for hot pizza tarts. Finally, a generic brand is a brand that describes the general category to which the underlying product belongs. For example, the term Computer is a generic term for computer equipment.
Generic brands are not entitled to protection under trademark law. Therefore, a manufacturer that sells branded computers Computer (or Apple-branded apples, etc.) Generic terms are not protected by trademark law because they are simply too useful in identifying a particular product. Giving a single manufacturer control over the use of the term would give that manufacturer too great a competitive advantage. In some circumstances, terms that are not originally generic can become generic over time (a process called genericity) and, therefore, be left unprotected.
A trademark is a sign capable of distinguishing the goods or services of a company from those of other companies.
trademarksare protected by intellectual property rights. A free 30-minute consultation where you can choose my brain over your trademark questions. Choose a schedule that fits your schedule and we'll call you back.
For example, don't make marks plural or make them possessive by adding an s unless it's already there. While neither example is likely to cause confusion among consumers, each dilutes the distinctive quality of the brand. Some other examples of trademarks include acronyms (such as NBC, IBM) and extend to slogans, stylized fonts, and even colors. For example, this quick list from the EUIPO is useful, and you can even find its exact class by consulting the United States Patent and Trademark Office (USPTO) Trademark Identification Manual.
Thus, for example, the term thermos has become a generic term and is no longer entitled to trademark protection. Tom's distinctive logo would be an example of this, but trademarks can also take the form of phrases, words, or symbols. Thus, for example, when brands are similar and products are similar, it will be difficult to determine if the consumer is likely to confuse. For example, the Nike brand, together with the Nike swoosh, identifies shoes manufactured by Nike and distinguishes them from shoes manufactured by other companies (e.g., a trademark application for a word mark protects the name, word, or slogan only without any reference to its design elements.
Thus, for example, the use of an identical mark on the same product would clearly constitute an infringement. If the use of a trademark is authorized (for example, to a franchisee) without proper quality control or oversight by the trademark owner, that trademark will be canceled.