For More Information

For more information on copyright infringement, fair use (www.copyright.gov/fls/fl102.html), or the public domain, go to www.loc.gov/copyright or contact a lawyer.

Lesson 8: What Is a Trademark? Trademarks

A trademark is protection given to a distinctive word, name, phrase, logo, design, symbol, sound, color, smell, or a combination of the above, which identifies the source of the goods or services (see Table 8 for some examples). It lets the marketplace know—including you the consumer— from whom to purchase products and services and whom to complain to when there’s a problem. Examples are Microsoft software, Nike running shoes, Hewlett Packard printers, and IBM computers.

Service Marks

A service mark is a trademark used in connection with services, rather than goods and products. You use a service mark when referring to services, such as accounting, coaching, speaking, training, or consulting. Examples are McKinsey Management Consulting, Booz Allen Consulting, Smith Barney Financial Services, and American Express. Someone who gets paid to provide a service can also sell products and thus have a trademark affixed to items, such as books, CDs, and videos.

 

Table 8. Examples of trademarks.

 

Device	Example of protected mark	What it identifies
Words	Microsoft Windows	Computer products
Names	McDonald’s golden arches	Food service
Symbols	Nike swoosh	Athletic clothing
Sounds	Doink doink sound	Law & Order
Colors	Pink color used in fiberglass insulation products	Owens Corning Company
Logos	Stylized blue “Q” (Quicktime)	QuickTime (Apple)

Collective Marks

A collective mark is a word, name, or symbol used by members of a group, such as a trade association, cooperative, or union. One example is the National Speakers Association, which is a professional trade association for speakers. It uses the abbreviation NSA with a microphone wrapped through the S to designate its services and products.

Certification Marks

A certification mark is a symbol used to inform the public that the goods and services referred to meet a certain standard or quality, such as the Good Housekeeping Seal of Approval.

Lesson 9: How to Select a Protectable Trademark

In choosing a trademark that can be protected, you are encouraged to choose carefully. There are four factors to take into consideration when selecting a mark that will withstand potential attacks and, thereby, ensure protectability. First, the symbol, word, or phrase is a trademark, as defined in Lesson 8 (trademark, service mark, collective mark, and certification mark), and collectively referred to in this book as the mark. Second, the mark is distinctive. Third, the mark is not confusingly similar to an existing mark. And fourth, the mark is a device such as words, symbols, or names used to distinguish goods or services.