Trademark law gives companies the exclusive right to use a given name or design, called a ?mark,? for the purpose of identifying the source the of that company?s goods or services. Trademark law is an incentive-based system. Because it gives companies the exclusive right to use a mark in connection with certain goods or services, the company can create a brand that is recognizable by the consuming public. That trademark would be associated with and incorporated into every advertisement the company runs for its goods or services. Repetition of those advertisements containing the trademark causes consumers to associate the mark with the goods and, with enough repetition, consumers buy the goods.
A brief, but related, digression. We all know that if you see a product advertised frequently enough, the product will sell. You might even be one of the people who buys the product. The thinking process by which you reached the decision to buy the product is not an intellectual, logical process. It?s a function of the way the human mind works. Continually hearing a repeated message makes the message more familiar, more real, and, eventually, more true. As the adage says, ?even the boldest lie becomes the truth if you scream it loud enough and long enough.? I call this the ?Lie = Truth? Adage. Sadly, I frequently encounter the ?Lie = Truth? Adage in litigation. I also know of some politicians and terrorist masterminds who are experts at exploiting this fact of human nature.
Back to trademarks. The advertising departments at most companies know the ?Lie = Truth? Adage can be very successful in advertising. The cynic would pump his fist in the air yell ?Down with the corporations, and power to the people! All the corporations care about is taking our money at all costs!? While we can point to some recent examples that might make it challenging to argue against this viewpoint, as to the overwhelming, vast majority of companies, that view simply cannot be supported.
Trademark law creates very strong incentives for companies to make the highest quality product possible and to advertise their merits and attributes accurately. Aside from the fact that companies invest anywhere from tens of thousands to millions of dollars into their trademark(s), all it takes is one bad product line to tarnish a companies image in the mind of the consumers who buy their products. Both of these factors hit companies where it hurts them most: in the pocketbook. So, while companies clearly have to perform a balancing act of creating a high quality product, keeping costs down, and pulling in as many purchasers as possible, they have very strong incentives to create a quality product that they will associate with their trademark.
To be eligible for any level of trademark protection, a mark must be ?distinctive? and not merely ?descriptive? of the goods or services. Whether a mark is distinctive and ?how? distinctive or strong the mark is can be determined by a sliding scale. Marks can be (1) fanciful; (2) arbitrary; (3) suggestive; (4) descriptive; or (5) generic. Whether a particular mark is protected by trademark law depends on the strength category into which it falls.
A fanciful mark is one that is invented for the sole purpose of being a trademark. For example, EXXON is a fanciful mark. It is a word that does not exist in the English language and was created only for the purpose of identifying the oil and gas company.
An arbitrary mark is typically an existing word that is arbitrarily applied to a product or service that has nothing to do with the word. For example, the mark APPLE as applied to sales of computers.
A suggestive mark is a mark that suggests a quality or characteristic of the goods or services. Suggestive marks require some level of imagination to bridge the connection between the mark and the product. For example, the mark PENGUIN as applied to refrigerators.
A descriptive mark is a word that merely describes a quality or characteristic of a product. Descriptive marks are not entitled to trademark protection unless they have obtained ?secondary meaning? under the trademark law. An example of a descriptive mark would be LIGHT to identify a lightweight notebook computer.
A generic mark simply identifies by name a particular product. Generic marks are never entitled to trademark protection. An example of a descriptive mark would be MODEM in connection with modem sales. If trademark protection were allowed in this instance, the company could essentially remove the word ?modem? from the English language.
Source: http://fucsjones.com/2011/06/07/overview-of-trademark-law/
greyson chance dancing with the stars 2011 dts mirrors the shining missouri state natasha bedingfield
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June 3rd, 2011
Tulane University is located in New Orleans, LA
June 3rd, 2011
z1235813
Tulane University is located in New Orleans, LA
June 3rd, 2011
@z1235813
Tulane University is in New Orleans, LA
June 3rd, 2011
@z1235813
Tulane University is in New Orleans, LA
June 3rd, 2011
CRAP ?.dustbin material ?wat a chump he z!
June 3rd, 2011
Tulane University ?
Where the hell is it ?
In india?
come on guys,
the lecturer is not that bad as a comedian,
the look on his face is really professional ,
as an idiot.
June 3rd, 2011
He is passionately professing what he does, anyone who is interested in tapping knowledge and wisdom from other cultures or understanding must be willing to? be a good listener to what other people have to say and how they will approach a problem. Be wise and keep an open mind to other knowledge, accents and how that knowledge/wisdom is disseminated.
June 4th, 2011
interesting comments
June 4th, 2011
rofl George Constanza
June 4th, 2011
In order to solve America?s Financial Problems, we must prevent Cost Overruns ? we must underestand Uncertainty and Risk ? learn HOW at my channel ? read my book ?Cost Overruns? on Amazon.com only $2.99 on Kindle
June 4th, 2011
waist of time
June 4th, 2011
Is this come kinda TV series?. or is he really a proffessor?????
June 4th, 2011
Welcome to the online business library where we connect brilliant business ideas with brilliant individuals world wide.
Are you one of those brilliant, neat, creative and successful entrepreneurs? Do you have what it takes to lead a multinational company in the future? Are you driven by triumph and success? We believe so. That?s why it?s our pleasure to welcome you to this business network where ?The great entrepreneurs of tomorrow are Catching up today . ?
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June 4th, 2011
Gaandu saala. Bull shit chutiya
June 4th, 2011
The introduction was so long I fell asleep before the content!!!! Geez!
June 4th, 2011
wow the man has excessive passion and his loud voice is not helping me increase interest in hearing more of it (current at 11:33) hmm Dr. Suman please see how other professors mantain composure during lectures and do the likewise for your bettermant. thank you. Your ideas may be right if you are presenting them in certain manner, people may have hard time accepting them due to extra NOISE.
June 4th, 2011
Chapter one. In order to manage risk we must first understand risk.
How do you spot risk? How do you avoid risk and what makes it so risky?
June 4th, 2011
Every human perception, thought, decision and action is a product of the degree and quality to which one accepts and conveys the underlying law of nature.
Google it (i.e., the underlying law of nature).
New information about the underlying law of nature has been made available online very recently.?
June 4th, 2011
Hollywood Wealth Vids Forum
June 4th, 2011
the first 8:47 is just advert bullshit, skip it.
June 4th, 2011
As common sense, You can?t expect that Indian don?t give shxt like this.
June 4th, 2011
dont use these ?fancy? words with me, like homosexual. go back to getting ur shit pushed in fag
June 4th, 2011
Hey billy-bob. got your hood and robe yet or are you still just pooping around on the internet?
June 4th, 2011
Does it make a difference to say that I am not a homosexual?
Billy122211, you sound like you were possibly abused when you were a child, or you might be a child right now, who is getting abused. Talk to you kindergarden teacher about that.
June 4th, 2011
LOL