If you’re considering registering a trademark, you may be wondering, “What is an example of a trademark law?” Most people know little about trademarks and the laws that surround them. However, it’s important to understand how to register a trademark, as well as what types of things can be trademarked. This can help ensure that your trademark registration is successful, as well as help you protect your trademark from infringement.

Trademark Formats

When a trademark is registered, you may ask to have it formatted in a specific way, such as using a character format or a special form format. Formatting your trademark in a certain way will impact how it will be protected by the trademark registration. Coca-Cola is an example of this law, as they have trademarked both their standard character and special form formats.

Standard Character Format

You will find most trademarks in standard character format. This type of format allows you to safeguard words, numbers, and letters or even combine all three. Along with this is the freedom to choose whatever font, color, size, or design that you wish to use. Some common examples of this format are:

• “Just Do It” from Nike
• “America Runs on Dunkin’” from Dunkin’ Donuts
• Under Armour

Special Form Format

A trademark in special form format provides a safeguard for stylized trademarks, has a logo, or is colorized. With this type of format, owners can safeguard the trademark’s appearance. Good examples include the golden M and the golden arches of McDonald’s, as well as the well-known swoosh logo from Nike.

Slogans

Slogans are catchy phrases that help consumers remember your products. They, too, can be trademarked, as long as they are unique and creativity was used in designing them. There are many slogans you may hear on the radio, see advertised on television, and read in magazines or on billboards. Some common examples are Wendy’s “Where’s the beef?” or an advertisement for milk that simply says, “Got milk?”

Fictional Characters

Fictional characters are sometimes used to represent a company, much like a mascot would represent a sports team. These characters can be trademarked and used only for your business. A common example of a trademarked fictional character is the gecko from Geico. Other trademarked characters can be found in video games or movies, such as Mario from Super Mario Brothers.

Sound, Color, and Smell

While it may seem unusual, many companies have utilized a sound, color, or smell to represent their brand and their products. One relevant example is NBC’s use of chimes, which is a sound trademarked for their use.

Colors can also be trademarked to represent a particular brand as long as they are more than just decorative trademarks. An example of a trademarked color is the light blue color that Tiffany & Co. uses for their jewelry boxes and bags.

Smell can also be trademarked if unique to the product. This can be difficult to do, which is why it is less commonly used. However, Hasbro’s Play-Doh is one example of this phenomenon. The smell of Play-Doh is uniquely scented, as it contains traces of cherry, vanilla, and wheat.

Trademark Infringement

Trademark infringement is an important aspect of trademark law. To be considered trademark infringement, three things must be true:

• The use of the trademark was unauthorized.
• The use was connected with services or goods.
• The use will likely lead to deception or confusion regarding the creator of the product or service.

If you’ve experienced trademark infringement, you may choose to file a legal claim. A trademark lawyer can help you seek compensation for the damages you incurred. With a successful case, an injunction may also be ordered to prevent the defendant from continuing to use your mark. In certain cases, they may be ordered to destroy or forfeit the products in question or pay your legal fees.

FAQs

Q: What Is the Most Popular Trademark?

A: Coca-Cola is one of the most popular trademarks worldwide. It is not only known for the red, white, and blue colored stripes used for its packaging, but also for its unique flavoring. Because of the coloring and its logo, it is recognized internationally. Its popularity is so widespread that it has developed a culture of its own.

Q: What Is the Difference Between Common Law Trademark and Federal Trademark Registration?

A: There are a few differences between common law trademark and federal trademark registration. A common law trademark is different in the sense that it is unregistered, while, of course, federal trademarks are registered. Common law trademarks are granted to whatever business utilizes them first. Registering for a federal trademark requires undergoing the application process.

Q: What Is an Example of a Common Law Trademark?

A: An example of a common law trademark is a restaurant that is named after a local owner in a small town. If a small town pizzeria was named “Joe’s Pizza,” that is a common law trademark, as it is used to refer to the locally owned shop that is unique to that location.

Q: What Are the Most Common Trademarks?

A: The most common trademarks used are words, phrases, and designs. One mark or a combination of them can be used to represent a business and its products. Other kinds of trademarks are less frequently used, such as colors, scents, sounds, specific motions, and even holograms.

Consult With a Skilled Colorado Trademark Lawyer From Four Reasons Legal Today

Many things can be used to represent a company, such as sounds, colors, designs, or a combination of all three. If you would like to have a name, slogan, or design trademarked, you may be wondering where to begin. At Four Reasons Legal, our talented founding attorney has over 15 years of experience in the realm of trademark law. Regardless of the type of trademark you’re considering, we know how to help you.

Contact Four Reasons Legal today for guidance on the process of registering a trademark. We can also assist you with issues relating to trademark enforcement, disputes, cancellations, searches, and portfolio management.