How To Obtain A Trademark Jacksonville
A trademark, in short, is a brand name. A "trademark" relates to goods, while a "service mark" relates to services. Both trademarks and service marks can be any word, name, symbol, or device — or any combination used, or intended to be used, in commerce. Even colors, sounds, and scents may qualify for protection! People generally use the term trademark inclusively to refer to both trademarks and service marks, and following the convention, so does NAJAFI LAW, P.A. Learn more about how to obtain a trademark in Jacksonville!
Trademarks Main Functions
Trademarks have three main functions:
(1) Trademarks Differentiate the Goods or Services of One Business from Another Business
(2) Trademarks Identify the Source of the Goods or Service, i.e. Identify the Business Itself
(3) Trademarks Ensure a Brand's Consistent Level of Quality, Which Is Not to Be Confused with Ensuring a Particular Level Quality
For example, take two large competitors in the beverage industry: Pepsi® and Coca-Cola®. First, when at a vending machine, the Pepsi label lets one know the beverage is a Pepsi, and the same goes for Coca-Cola. Second, the Coca-Cola label indicates that the beverage comes from The Coca-Cola Company, while the Pepsi label indicates that the beverage comes from PepsiCo. Third, regardless of whether one buys a Coca-Cola or Pepsi beverage in Los Angeles, California, or New York City the products will be of a consistent quality. A Pepsi in New York will have the same flavor as a Pepsi in Los Angeles, and the same goes for a Coca-Cola. However, ensuring a consistent level of quality does not ensure that any product meets a particular level quality. For example, though many people enjoy both Pepsi and Coca-Cola because they each are consistent regarding their respective flavors, that does not necessarily entail that drinking a gallon of both every day is healthy. Thus, again, ensuring a consistent quality of a product is not to be confused with ensuring a particular level of quality. However, these three main functions are not the same thing as the requirements for registration of a trademark.
Even though the source of the goods or services may be unknown, a mark may still be registered. The United States Patent and Trademark Office (the PTO) requires a mark to be capable of distinguishing an applicant's good or services before the PTO will issue a registration for the mark. Those marks, which actually distinguish goods or services, are said to be "distinctive." The difference between marks capable of distinguishing goods or services and marks that actually distinguish goods and services is further discussed below.