Advertisement

Trademarks and Trade Dress

  • Ryan W. O’Donnell
  • John J. O’Malley
  • Randolph J. Huis
  • Gerald B. HaltJr
Chapter

What Is a Trademark?

Use of symbols or signatures to identify the source of goods has been around ever since people first started trading and selling goods such as pottery, weapons, and clothing thousands of years ago. The purpose of these marks, to indicate the product’s source, has not changed to this day. What has changed, especially in the last 100 years, is the protection afforded to trademarks. Currently, the United States protects trademarks under the Trademark or Lanham Act, state law, and common law.

Type of mark

Key features

Example

Service mark

Used to identify and distinguish the source of services

McDonald’s

House mark

A “house mark” generally refers to a trademark that is used in all facets of a companies’ business, including business cards, letter head, packaging, and advertising. Typically, a house mark is also used with a secondary mark or can be used as a primary trademark

Kellogg’s

Keywords

Office Action Interstate Commerce Secondary Meaning Flavored Cheese Trademark Protection 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media, LLC 2008

Authors and Affiliations

  • Ryan W. O’Donnell
    • 1
  • John J. O’Malley
    • 1
  • Randolph J. Huis
    • 1
  • Gerald B. HaltJr
    • 1
  1. 1.Volpe and Koenig, P.CPhiladelphiaUSA

Personalised recommendations