TM ® trademarks
What is a trademark?
A trademark is an intellectual property protection of a manufacturer's reputation for its products. A trademark can be a unique name, a logo, but also a graphic design of packaging, a drawing, a unique color and even a smell.
But it is clear that protection cannot be given to any mark that happens to be created by a manufacturer. How do you know what a trademark is? The only and decisive test for identifying a trademark is the market test! The consumer should know, thanks to the trademark, to identify the product with some source.
He doesn't even have to remember who the manufacturer is. He just needs to know that this is the product he wants to buy. A trademark is anything that differentiates the product and makes the consumer remember it (for example - the triangular shape of Toblerone chocolate is a trademark), the logo of the Coca-Cola company, is a trademark and many more.
A sign that we are not registered
Registering a trademark is possible, and useful in managing a lawsuit against trademark infringers. But what happens when a trademark is not registered and someone still benefits from my reputation in a certain product? For this purpose, there is the "crime of plagiarism" in tort law, which allows compensation even in such a case. Nevertheless, it is recommended to register a trademark, since the wrongdoing of plagiarism is more difficult to prove, and it relies mainly on the reputation you have built up for the mark, something that is difficult to establish rivets about.
What is trademark protection?
First, of course, no one may use the trademark for the products I manufacture and market, or for the products on which I have registered a trademark.
In the past, in the US, this was the entire protection. Trademark protection applies only to the product on which I registered the trademark and to products or services of the same type.
But there is still the tort of plagiarism, with the help of which you can get protection for other products and services as well. For example - if Coca Cola starts producing pants, it is clear that its reputation in soft drinks will give it protection for fashion products as well. How far does the protection extend? The stronger the reputation, the broader the protection. The guiding rule is that if my trademark reputation may help me sell products of a completely different type, and if there is a risk of consumer deception, the mark will help me get protection for other types of products as well.
Similar but not identical products
For the most part, trademark infringers are quite sophisticated. They do not copy the entire trademark, but try to "get close" to it - to capture its reputation, but not copy it exactly. For example, calling sneakers "Mikey". As far as the law is concerned, there is no benefit. It is enough that the imitation may mislead the consumer, for there to be a violation of the trademark.
Our office will provide you with legal advice on choosing an appropriate name for your business after giving you an opinion on its registration, as well as accompany you in registering a trademark with the Patent Authority and enforcing it in the courts, if and when it is discovered that they have improved your right to the mark.