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| What is a trademark? |
| A trademark is anything that indicates source, sponsorship, affiliation or other business relationship of the goods or services. Start with the notion that an indicator must be perceived through one of the five senses. This includes taste, touch, smell, sight and sound. Some senses lend themselves to interaction with trademarks better than others, but all are capable of doing so. |
| Currently, the following have been registered as trademarks: |
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Sight - Single words, word strings, slogans, logos, letters (e.g. initials), numbers, drawings/pictures, devices, product configurations, single colors, and multiple colors |
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Sound - Chimes, many of the items listed under sight are also spoken |
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Smell - Fragrance |
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Taste - None known to the authors of this material |
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Touch - Product configurations |
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A state registered trademark is a trademark that has been registered at the state level.
A federally registered trademark has been registered with the federal government. To obtain a federal registration the applicant must use or intend to use the trademark in interstate commerce. |
There are three types of trademarks when considered in the context of geographic scope.
They are: |
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Common law trademarks have a geographic scope limited to the area of use or recognition, which could be as small of an area as a couple of city blocks. |
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State trademark registrations have a geographic scope of one state. |
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Federal trademark registrations encompass the country. |
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