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Chapter 9. Property Protection: Copyrigh... > The Value of a Trademark (and Servic...

The Value of a Trademark (and Service Mark), and How to Initiate It

A Trademark is a peculiar distinguishing mark (or device) affixed by a manufacturer or a merchant to his/her goods; it is the exclusive right of using the distinguishing mark, which is recognized by law.[10], [11] A Service Mark is a mark used in the sale or advertising of services to identify the services and distinguish them from the services of others. The application for a service mark is handled in the same way that an application for a trademark is managed. These two fairly similar terms will be used interchangeably throughout this book.

[10] As defined by http://dictionary.reference.com/search?q=Trademark.

[11] For further details, please reference http://www.uspto.gov/web/offices/tac/tmlaw2.html.

A trademark can also be thought of as any distinguished word (e.g., Poison), any distinguished name (e.g., Giorgio Armani), any distinguished symbol or device (e.g., the Pillsbury Doughboy), any distinguished slogan (e.g., Got Milk?), any distinguished package design (e.g., Coca-Cola bottle), or any distinguished combination of these that serves to identify and uniquely identify a specific product from others in the market place or in trade. Even an audio sound (e.g., NBC chimes), a color combination, a smell, or a hologram can be registered as a trademark under certain circumstances.


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