When I first started playing baseball at the age of 5, my coach started with the basics.  Sure, I saw plenty of games on TV, but playing and watching require two different skill sets.  Want to play on the trademark field?  Then it’s best to start with some fundamentals!

A trademark is any word, symbol, design, tagline, or logo that is used in association with goods or services to identify and distinguish the products of one company from those of another.   In business parlance, a trademark is also known as a “brand name.”

Examples of trademarks include McDonald’s®, the Nike® “swoosh” design and Just do it® slogan, and the Coca-Cola® bottle design.

A service mark is a trademark that is used in connection with services, as opposed to goods.  An example of a service mark is FEDEX® for ground and air shipping and transportation services.

Trade dress is the protectable look and feel of a product shape, or in the case of restaurants and stores, the elements of their layout and design that are proprietary.  An example of protectable trade dress is a unique perfume bottle shape.

Take-Away:  Trademarks are a vital part of any brand and marketing positioning strategy. What’s in a name? Perhaps your entire competitive advantage!

 

Tags: "brand name", "service mark", "trade dress", trademark
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James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is…

James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is the publisher of Trademark Opposition Lawyer, an online advisory dedicated to helping brand owners understand important issues that arise in proceedings before the U.S. Trademark Trial and Appeal Board.  His commentary has been featured on Corporate Counsel, Law.com, LegalZoom,and other digital publications.

He devotes his practice to trademark opposition and trademark cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.  Over the course of his career, he has represented the interests of numerous national and international brand owners in trademark litigation matters in both the U.S. District Courts and before the U.S. Patent and Trademark Office.

Prior to his current affiliation with Practus, LLP, James was in-house counsel to a New England-based catalog retailer, where he was responsible for developing trademark portfolio acquisition, protection, and licensing strategies.  Earlier in his career, he was a partner and associate at intellectual property law firms in New York, where he was engaged in trademark portfolio and intellectual property protection work on behalf of well-known fashion and personal care brands.

James is a member of the New York and Connecticut bars.  He has lectured at University MBA programs and legal education conferences on the issues of trademark protection and e-commerce law.

Past and Present Membership

  • International Trademark Association
  • Association Corporate Counsel

  • National E-tailing and Mail Order Organization of America

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