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Results: 4 Answers
Trademarks
2.
What constitutes a trademark?
2.1
What types of designations or other identifiers may serve as trademarks under the law?
 
United States
Under Section 45 of the Lanham Act (15 USC § 1127), a trademark includes any “word, name, symbol or device, or any combination thereof” used by a party to identify its goods from those manufactured or sold by others and to indicate the source of those goods, even if the source is unknown. Any of those things that identify a seller’s services is a service mark and service marks are protected equally with trademarks. In addition to word marks, stylised word marks and design marks (logos), product configurations, colours, sounds and even scents can serve as trademarks.

For more information about this answer please contact: John Crittenden from Cooley LLP
2.2
What are the requirements for a designation or other identifier to function as a trademark?
 
United States
See questions 1.1. and 2.1.

For more information about this answer please contact: John Crittenden from Cooley LLP
2.3
What types of designations or other identifiers are ineligible to function as trademarks?
 
United States
Generic terms, descriptive terms that have not developed ‘secondary meaning’ as trademarks (ie, acquired distinctiveness), and functional features are not eligible to function as trademarks.

For more information about this answer please contact: John Crittenden from Cooley LLP
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