Consumers are barraged with slogans, symbols, designs and logos that are easily recognizable, from the unique shape of a soft-drink bottle to gold-colored arches to sayings like “Mmmm, Mmmm, good” and “Just Do It.” All of these are trademarks, associated with a particular product or company of products, and designed to be an exclusive identifier of such.
While the general public loves catchy slogans and unusual or attractive
packaging, the companies that apply for and own trademarks do so for
much more profitable and important reasons. Registered trademarks
protect the rights and interests of a corporation by preventing
unauthorized trademark use.
It’s easy to recognize when an item, title, symbol, slogan, logo, or
any other item is an official trademark. When it’s legally
registered with a government trademarks organization, the symbols ® or
Reg. ™ will appear. Those who’ve claimed a trademark but have not
registered it with the proper government agency will often include a ™
symbol on the packaging or after the title or slogan. Unlike
patents, there is no “trademark pending” status.
Sometimes trademarks become so popular and well-known that the consumer
often uses that particular trademark to describe an entire category of
products. We’ll often hear someone refer to “Xeroxing” a document
when indeed they should be saying “photocopy.” The same holds
true to items such as “Q-tips” cotton swabs. Though many other
manufacturers produce cotton swabs, most people refer to the Johnson
and Johnson brand in a generic way.
Slogans or mottos can be tricky when it comes to trademarks.
While registered trademarks don’t protect individual words, a
particular combination of words can be turned into a trademark, such as
“Kentucky Fried Chicken” or Wendy’s famous “Where’s the Beef?” campaign.
Companies who’ve taken the time to establish a trademark will no doubt
go to great lengths to protect it. Over the years, there have
been many court battles over trademark infringement. Some have
gained public interest but most are settled without much publicity.
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