Trademarks - Vocabulary Flashcards

Vocabulary flashcards covering key trademark concepts from the lecture, including definitions of marks, regulatory framework, and practical concepts like use, registration, and product branding.

Trademark

A symbol or mark used to identify the source of goods or services; serves as a source identifier and linguistic shortcut. Rights arise from use in commerce under the Lanham Act (not solely from registration).

Service mark

A trademark used to identify services rather than goods; functions the same as a trademark but for services.

Certification mark

A mark used to certify that goods or services meet defined standards, typically owned by a certifying organization that does not produce the goods itself.

Collective membership mark

A mark used by members of a group or organization to identify membership (e.g., fraternal or professional associations).

Triadic structure of a trademark

A framework showing the rights holder (signified) using the mark on goods/services (referent) to denote source; helps explain how marks cover certain goods or services.

Lanham Act

U.S. federal statute governing trademarks, including protection for both registered marks and unregistered (common-law) marks; section 43(a) addresses unfair competition.

Use in commerce

Having actual use of a mark in connection with goods or services offered for sale; essential for trademark rights in the U.S.

Common law vs. registration

Trademark rights can arise from use (common law) or be reinforced and expanded by federal registration, which provides presumptions and stronger enforcement.

Goodwill

The reputation and customer recognition associated with a brand; a core intangible asset that trademark law protects.

Strength of marks (arbitrary/fanciful, descriptive, etc.)

A spectrum of mark distinctiveness: arbitrary/fanciful (strong), suggestive (mid), descriptive (weaker), generic (not protectable).

Nontraditional marks

Marks beyond words and logos, such as color marks (pink Owens Corning), sound marks (Microsoft startup chime), or trade dress.

Trade dress

Protection of the overall look and feel of a product, packaging, or store environment, which must be distinctive and nonfunctional.

Specimen

A sample shown in a filing to prove use of the mark in commerce (evidence of actual use for registration or renewal).

Prototype: Likelihood of confusion

A multifactor test to determine if consumers would likely be confused between two marks; requires consumer-focused analysis; actual confusion is not always required.

Coexistence agreement

A legal agreement allowing two conflicting marks to coexist by limiting use to avoid consumer confusion.

Franchise (trademark context)

A brand owner (franchisor) licenses the use of its mark to a franchisee, with ongoing quality control and usage requirements to protect the brand.

Parody and fair use

Using a mark in parody or for expressive purposes can be protected by First Amendment rights, provided it does not cause confusion and is clearly non-commercial inappropriately.

Product placement / branding in media

Integrating brands or logos into TV, film, or other media as marketing; reinforces brand identity without creating a separate IP right.

Registration presumption

Registered trademarks enjoy a nationwide presumption of exclusive rights, whereas unregistered marks rely on use and common-law protections.

Brand as property / goodwill

Trade marks protect goodwill and brand reputation, which has economic value and encourages investment in quality and branding.

Scope of protection vs. language

Trademark rights cover the label that identifies source, not the product itself; protects language and symbols used to indicate origin in commerce.