a. Explain the difference between a Trademark and a Service Mark. Give an exampl

Question

a. Explain the difference between a Trademark and a Service Mark. Give an example of each.

         b. How do you obtain a trademark?

         c. What is the duration of a trademark?

         d. What is the remedy for infringement?

         e. How can a company loose trademark protection?

         f. Give an example of a product that has lost their trademark protection

         g. What can a company do to protect their trademarks?

         h. Do you think that “Google” still has trademark protection? Explain.

Explanation / Answer

a.- Service mark can be defined as a word, Phrase, symbol or logo that is used to brand or identify as well as distinguish a service.

Example- The name "United Airlines," the "Fly the Friendly Skies" tagline, and the logo of a world map are service marks

Trademark can be described as a word, phrase, symbol or logo that is used for branding or identification and distinguishing a product.

Apple logo is fine example of a Trademark which uses bitten Apple as the Representation.

b.- For registration of a trademark, visit US patent and Trademark offices website and search if your specific Trademark is not already registered. This specific type of search can be done by using Trademark electronic search system database. Apply using the application given in the website which would provide you and Association with USPTO examining attorney which would approve or reject your application of trademark later you are required to maintain your registration.

c.- Federal Trademark registration is valid for 10 years after filing, they can also be opted with an optional 10 year renewal period.

d.- Copyright law is very widely being used in today's situation. It is basically used for protecting the artwork and authorship related to art. Copyright laws provide extensive support to the overall safety from the infringement of the original content as well as it also provides protection to the copywriter's assets in a positive manner with which nobody else can replicate or do business with the same content that originally is created by the copywriter.

Monetary relief and equitable relief are two main type of relief systems are available against infringement.

e.- abandoning a Trademark or not using The trademark as well as losing The trademark because it is too generic or naked life and saying as well as misrepresentation of a Trademark can lead to losing The trademark protection.

f.- Escalator was owned by Otis and the trademark was revoked in 1950 as escalator is a very commonly used term.

g.- for protection of The trademark application of proper security as well as consistent monitoring on the competitors looking for renewal of trademark at adequate time duration is the most essential part of protecting at a Trademark in it's operational structure.

h.- google still has a trademark even if it is used as a verb in many conditions. As xerox and Kleenex have been using generic words, consumers still know their market significance and court also decided that Google still has trademark according to the court.

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