What does a figurative trademark protect?
FIGURATIVE trademark protects the word (words) in the scope of graphic design. The emphasis is put on the visual part of a trademark. In the context of figurative trademark, the beverages from the above picture are clear infringement.
Can you use words that are trademarked?
Just because a company owns a trademark does not mean that another entity can never use it. The law allows you to use a trademark without getting the owner’s permission for: Informational use: You use it to editorialize or educate about a specific product or service.
What does figurative trademark mean?
Back. Term. Main definition. Figurative mark. designates a two-dimensional mark showing exclusively graphic elements, i.e., images, figurative elements, or illustrations (without word elements).
Can you trademark word and logo at the same time?
A logo mark gives you the rights in the combination of images and words. However, if it’s not approved, a logo can make it more distinctive and protects you from possible objections. You may also register both a word mark and a logo version as long as you give two separate applications.
Do you have to trademark a logo and name separately UK?
There’s no legal requirement that forces you to trade mark your business or brand name (logo). In fact, you can have what are known as ‘common law’ rights to your business name without formally registering it.
How do you tell if a word is trademarked?
You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.
Can you trademark two words together?
Trademarks are specific to whatever class(es) of business they are registered in. So if you are not in the same class of business, you can register the exact same one-word trademark. Or combine them, as you suggest.
What is a semi figurative trademark?
The semi-figurative mark consists of two types of elements: a verbal element and a figurative element. It can be a logo accompanied by a name, but also a term with a particular calligraphy or graphic design. This form of trademark is useful when the verbal element is not or only slightly distinctive.
What is a figurative trademark Australia?
Figurative – two dimensional trade marks consisting of image elements either with or without words. Colour – trade marks consisting only of a colour or with colour as the main defining feature. Scent – trade marks consisting of or containing a scent as a defining feature.
What is a figurative trademark?
The emphasis is put on the visual part of a trademark. In the context of figurative trademark, the beverages from the above picture are clear infringement. It does not matter that the words from the labels are phonetically different from the trademarks FANTA, COCA COLA or SPRITE.
Can a company name be trademarked if it is similar?
If you have a unique name… WORD trademark protects the meaning of the word (words) itself apart from the graphic designs. You can imagine that by combining two radio advertisements. If the name of your competitor’s company is similar to yours, than there is possibility of infringement.
Can trademark protection stop competitors from using similar graphics?
If your competitors are using similar graphic to yours, but with the different words, than the word trademark protection can not help you. Everyone know the brands like FANTA, COCA COLA or SPRITE.
What is the meaning of the word word trademark?
WORD trademark protects the meaning of the word (words) itself apart from the graphic designs. You can imagine that by combining two radio advertisements. If the name of your competitor’s company is similar to yours, than there is possibility of infringement.