Trademark Talks with Attorney Bailey (Part 1)

Brad Smith • June 10, 2020
Trademarks can be complicated. Attorney Amy Bailey talks through the details concerning what a trademark is, what it is used for, how to file for one, and the importance in obtaining a trademark. 

What is a trademark?

Knockoff brands are extremely popular today. Imagine a product or a service of yours getting “knocked off” and sold for much cheaper. This reality is just one of the many components that make trademarks important. 

Trademark is a very broad concept and can be very complicated. It is what makes a product or service able to distinguish itself from others. A small business can trademark any word, name, symbol, device, or a combination of those according to the Lanham Act.

Why file for a trademark?

Trademarks serve two purposes: 
  • They give trademark owners’ equity or help build goodwill within their business.
  • They protect consumers from confusing the source of the product and safeguard against false statements.
Amy Bailey, Sivia Law Attorney mentioned, “Trademarks do not grant you a monopoly in the product, it only gives you the mark or the designation.” Other businesses are allowed to sell similar products or goods; however, they cannot use the logo, phrase, color, etc. that is trademarked. Trademark is specifically used to mark a good. A servicemark is specifically used to mark a service offered by a business. 

What can I trademark?

Businesses can trademark various things like words, phrases, sounds, colors, and even smells. According to Amy Bailey, smell is the least trademarked good because of the difficulty associated with proving originality and differentiation. Examples of trademarks include:
  • “Flower musk scent” is trademarked by Verizon Wireless stores.
  • The “Tiffany Blue” color is trademarked by Tiffany and Co., the jewelry company. 
  • The McDonald’s logo is a gold letter “M”, also known as the golden arches. 
These trademarks are strong, distinctive markers that make it difficult to replicate. The most effective way of choosing your mark is making it inherently distinctive; thus, distinguishing your goods or services from your competitors. 

Trademarks and servicemarks can be seen everywhere. From Arnold Schwarzenegger’s famous saying, “Hasta la Vista Baby” to “Target Red”, a red specifically meant for Target stores. Among the crowded landscape of the market today, trademarks are extremely important in establishing a strong brand. 

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