Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistFeaturesIntellectual PropertyTrademarks

Using Unique Product Features or Designs to Register Trademarks

By Marc P. Misthal
September 01, 2024

Billy Joel famously sang about how dressing in fashion requires a lot of money. Still, today's fashionistas want to achieve stylish looks for less, whether from an established fashion house or an up-and-coming designer. While it is well known that brands register their brand names as trademarks, the issue goes beyond mere name registration. In an era where dupes flood the market, online forums often suggest that "as long as sellers don't claim to sell authentic products or use the brand name in marketing, it's a legal grey area."

It's not a legal grey area, though. Brand identity extends well beyond a brand name to encompass various elements. To truly protect your brand, consider what other features or designs can be registered as trademarks. Unique product features or signature designs can be registered as trademarks when properly positioned. Besides a brand name, the question is, what other brand elements communicate their source to consumers such that they can be registered as trademarks?

|

What Can Be Registered As a Trademark?

The U.S. Trademark Act defines a trademark as "any word, name, symbol or device, or any combination thereof" used to identify and distinguish one party's goods from another's (15 U.S.C. 1127). This broad definition encompasses several different types of source identifiers, including many considered "nontraditional" because they are not words.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.