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A word, phrase, or logo can act as a trademark. But so can a slogan, a name, a scent, the shape of a product's container, and a series of musical notes. [7] The language of the Lanham Act describes that universe [of things that can qualify as a trademark] in the broadest of terms. It says that trademarks "includ[e] any word, name, symbol, or ...
Intent to show confusion is also relevant; hence, as a general rule the trademark should be used no more than necessary for the legitimate purpose. [5] By the same token, use of a word mark is preferred to a logo, and a word mark in the same style of type as surrounding text is preferred to a word mark in its trademarked distinctive type.
A wordmark logo (also called a lettermark or a lettermark logo) is a type of logo, not a type of wordmark, [citation needed] which consists of just text set in a particular style, such as a typeface or color, without other graphical features. [citation needed] For example, the SONY logo contains only the name in uppercase, set in a particular ...
The search should also include looking at both words and designs. To search for similar designs in the USPTO database, design search codes must be used. [79] In Canada, a NUANS search is necessary before registering a trademark, or corporate name. WIPO’s Global Brand Database provides international access to trademarks and emblems. [80]
Bass Brewery's logo became the first image to be registered as a trademark in the UK, in 1876. Some brands still in existence as of 2018 date from the 17th, 18th, and 19th centuries' period of mass-production. Bass Brewery, the British brewery founded in 1777, became a pioneer in international brand marketing. Many years before 1855, Bass ...
These should (but not always do) contain particular templates (or "tags") that describe whether the image is a (fair-use) copyrighted work, is a (public-domain) trademark, or has some other rationale for its use on Wikipedia. A copyrighted image should have a tag attached to it: {{Non-free logo}}
Thus, the functionality doctrine serves to prevent trademark owners from inhibiting legitimate competition [11] When the aesthetic development of the good is intended to enhance the design and make the product more commercially desirable, trademark protection may be denied because the consumer is drawn to the design.
However, when in doubt, err on the side of caution per non-free content policy by assuming that the logo is copyrighted. Note that non-free logos should only be used in the infoboxes of the primary article(s) to which they are affiliated; i.e. a company logo may be used in the article about that company, but not in a separate article about one ...