In the article “7 Reasons Why Trademarks Are Important to Your Business”, Abigail Rubinstein illustrates that “Trademarks are an effective communication tool…Trademarks make it easy for customers to find you…Trademarks are a valuable asset…Trademarks never expire” (Rubinstein, 2014). Trademarks aren’t only products of unique designs but also carry many values within them. A trademark represents a company and how that company does in the market. Furthermore, a trademark is how people use to recognize the products of a company and identify their favorite items. Without trademarks, people have a hard time to find the products that they love because many of them use remember trademarks instead of the name of companies. It is easy to understand
In the essay “A Language All Their Own,” Nathan Salha (2011) claimed that trademarks should be used “only to protect intellectual invention and the reputations of associated companies,” and Salha wrote that trademarked slogans only exist to regulate the usage of creative slogans among businesses and that they do not limit the freedom of speech (p. 476). Furthermore, Salha (2011) argued that trademarked slogans protect businesses and promote competition by allowing each business to customize its advertisements and distinguish its product from the products of its competitors with clever slogans (p. 477). Moreover, Salha (2011) asserted that trademarked slogans protect consumers by allowing consumers to distinguish high-quality products, which
A trademark protects well-known brand logos and helps differentiate them from similar products or services. When you register for a trademark, you are entitled to display the ® symbol (registered trade mark). If you are registered for this, others must request permission If they wish to use your brand. If permission is not requested, legal action can be
We live in a world surrounded by brands. They are so prominent that people nowadays have an easier time recognizing brands because of their trademarks (commonly known as logos) than types of plants or trees. To the common eye, a trademark may seem simple or even an easy design, but not everyone can design a successful “logo”. There are certain guidelines that need to be followed, but the most basic and important function that a trademark needs, is the ability to speak several languages. At the end of the day, it is a symbol that needs to be able to cross language barriers, not only because it will create a brand consistency but it will give it the power to compete globally. However, a successful logo will always follow
Trademark, Inc., a public and growing global corporation, creates, assembles, and disburses their products through four main divisions of their corporation: Greeting Cards and Stationery, Calendars, Party Goods, and Specialty Gifts. Their core business comes from their customers in drug stores and supermarket chains. In the early to mid 1990’s, Trademark saw significant growth in response to their IPO issuance in 1992, however, since 1994, they have seen a flat and ultimate declining growth in their product.
Establishing a strong brand is critical to business success. Protecting a brand is equally as important. According to Law for Recreation & Sport Managers, they discuss on what exactly is a trademark and is recognized as ”any word, name, symbol, or device, or any combination thereof, adopted or used by some entity to identify their goods and distinguish them from those manufactured or sold by others” (Cotten & Wolohan, 2017). The purpose of a trademark is to protect the owner and to prevent others from using the mark in a way that will cause confusion. In this case, The University of New York (UNY) has filed for federal trademark registration their name and logo, however, the New York Yankees and New York University (NYU) filed an objection on their own expressing that UNY infringed on the Yankees logo and also infringed on the name of New York University as well.
Trademark law “cornerstone” is to prevent consumer confusion through the use of another’s protected mark. A trademark need not be identical to another mark in order to avoid litigation. Rather, a similar mark on a similar good can be enough for a wine producer to challenge another’s use of a particular mark. The challenge of an “applicant’s or registrant’s mark” being “confusingly similar to one’s prior registered or common law mark” is the “most frequent basis” for denying a mark’s registration. Preventing consumer confusion is important because a mark that is likely to confuse consumers “potentially disadvantages both individuals who are tricked by confusing…trademarks into purchasing goods…other than those they intended to procure, and the
Businesses often enter into licensing agreements to use a trademark belonging to someone else. One of the most essential circumstances to consider before expending any resources on a trademark license is what happens in the event that the owner of the trademark declares bankruptcy. Businesses who develop products, perform research, and make sales revolving around a trademark license, savvy planning in advance is essential for protecting their interests. Poor planning or a failure to do so can result in the license being revoked, even if paid for in advance, resulting in the licensee's business potential failure. A more in-depth article on this issue is now available on our website.
The law makes some changes to how the U.S. Patent and Trademark Office operates. It changes, for example, the system of who receives the patent from first-to-invent to first-to-file. This puts the United States in line with how most countries around the world issue patents. A statement of Obama management policy summarizes the reasons (for doing something) for this change: "By adopting a first-inventor-to-file system, the bill simplifies the process of buying (and owning) copyright/patent rights. This provision provides greater feeling of being completely sure for clever creators, reduces legal costs that often heavy load small businesses and independent inventors, and makes it easier for clever creators to market their inventions in the worldwide
The main differences between the copyright,patent,and trademark law is that according to civil code (980) states that: the author of an original work has total ownership of the created object or record.” this law clearly states that the owner of an original work has total ownership and so no one else can claim the record unless he/she buys it directly from the creator of the song or album,so this applies to copyright because the original owner of a record or any other work for that matter has a protection by the Federal bureau of investigation (FBI) and the central intelligence agency (CIA),with this protection the owner of the work must convince the court that he created the copyrighted work which someone else stole,the federal government
Then, Salha (2011) explained how trademarks help businesses generate revenue and help consumers distinguish the products of one company from the products of another company (p. 477). By showing the economic necessity for trademarked slogans and the need that consumers have for trademarked slogans, Salha further connected with his audience, which was mostly comprised of consumers, and he emotionally convinced his audience that reasonable trademarks benefit everyone. Lastly, Salha (2011) compared his previous example of “You’re fired” along with other examples to the definition and the purpose of a trademark in order to demonstrate that such examples do not serve the same purpose as a trademark (p. 478). By comparing poor examples of trademarks to the definition of a trademark, Salha showed that trademarking rights can be abused, and he further established the purpose that a proper trademark serves for a business or other
A trademark represents solely your company or brand it’s the first thing people see on your product or service and just by examining a logo when can recognize your enterprise or company. It is like a signature of a business or a product by a business that no other person or company can use. A trademark can be of different types some general type includes
Intellectual property is very important as American business continues to expand and develops. Businesses are now attempting to penetrate foreign markets which are unique in their laws, customers and beliefs. As such, it is important for business to protect the intellectual capital that made their operations thrive and flourish. It is the nature of capitalism to copy or mimic successful products. It is when companies outright copy a trademark or patented process that complications arise. Intellectual property is no different in this regard. China specifically, has been notorious for infringing on American companies intellectual capital. WIPO defines refers to counterfeiting as "infringement on trademarks," and piracy as "infringement on copyright or related acts (Jacobson, 2008)." 5 to 7 percent of all world trade is comprised of piracy and counterfeiting. Piracy rates within China were at an alarming 92% ( Cheng, 2011).Nearly 1.3 Billion people now live in China, of which approximately 90% of them pirate software or commit other versions of cybercrime against intellectual property. The likelihood of actually getting caught for this offense is unlikely due in part to the sheer volume of citizens within the country. Would it be practical or even worthwhile to catch every small business counterfeiter within China? If so, what is to prevent another person from committing the same offense? With the ease of access to technology, I believe that literally any one of the 1.3
Having a branded product increases the volume of sales. However, brands also need to have a lasting impression on the clients in order to be appealing.
When consumers hear the word personal branding, they will automatically associated personal branding with corporate branding (Gail (2010), When a company has established a good reputation and have endurance longevity, customers will keep that company on their mind and not concern with a particular product. For
Name tags are of great importance in the business world, yet many people fail to make use of them. They feel the boring white tags used in the past don't accurately represent their company or have another reason for avoiding the use of these common items. A failure to do so could be a mistake, however, as a study conducted in the United States found that 70 percent of survey respondents felt a salesperson should be easily identifiable by name.