- A never ending monopoly on a “mark” to identify “goods or services”
- A trademark must be distinctive
- Proper use of trademarks can create a valuable brand that customers look to when considering a purchase
- Trademarks are limited to the goods or services covered.
- Basically by 1 of 45 international classes,
- Some countries (notably U.S., China and Europe) require a more specific definition
- Trademark for goods - must use it on, or with goods, in each of the defined products
- Need to show ACTUAL USE in accordance with the definition
- KEY: consumer confusion – the consumer assumes that the same trademark means the same source of goods (Trusted Brand)
- No confusion between dissimilar goods/ services
- Silver Cross® strollers, baby carriages and nursery furniture VS.
Silver Cross® Invalid Lifts, Canes, Wheelchairs …
- DELTA airlines vs. DELTA faucets vs. DELTA computer products vs. DELTA underwear
- Increased protection for famous trademarks
- Trademarks are the “first line of defense” against a “knock off”
- Can arrange for customs at the port of entry to seize counterfeit goods