24/10/16 Terminology related to Trademark
A word, phrase, logo, graphic symbol, or other device that is used to identify the source of a product or service and to distinguish it from competitors. Some examples of trademarks are Ford (cars and trucks), Betty Crocker (food products), and Microsoft (software). For all practical purposes, a service mark is the same as a trademark except that trademarks promote products while service marks promote services. Some familiar service marks include McDonalds (food services), FedEx (delivery services), and Fidelity (financial services).
The formal or official name of a business — that is, the name the business uses on its letterhead and bank account. A trade name may serve as a company’s trademark if it is used to market the company’s goods or services. For example, “Dell” is the trade name for Dell, Inc. It is also a trademark used by the company for personal computers, servers, software, and certain computer-related services.
Any formula, pattern, device, or compilation of information that is used in business, that is not generally known, and that gives the owner an opportunity to obtain an advantage over competitors who do not know it. A trade secret must also be the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Various design elements used to promote a product or service. For example, trade dress includes the unique shape of a bottle, the color of a pill, or the decorative elements within a chain restaurant. Trade dress can be protected under trademark law if it is distinctive and a showing can be made that the average consumer would likely be confused as to product origin if another product had a similar appearance.