I’m not talking about those kinds of four letter words (by the way, we’re still awaiting the Brunetti decision to learn their fate), so today I’m talking about this wholesome kind:
Inquiring minds may wonder (and interested alumni) how the University of Iowa might go about owning federally-registered rights in the word IOWA to
My daughter’s strong interest in fashion, arts, crafts, and sewing has me wandering the aisles of places like Joann Fabrics and Michaels with increasing frequency.
Since my primary contribution to these adventures is in the to-and-from, and, I suppose, at the check-out counter, I find myself with eyes wide open, being exposed to a variety
It was too hard for me to avoid snapping this quick photo while grabbing a tasty bag of cheese corn from the “Nuts on Clark” vendor (to better enjoy waiting for a flight out of Chicago’s O’Hare airport recently), and I trust you see what caught my eye (in the lower right corner
Last September, in my blog post entitled "What Does Trademarked Mean to You?," I wrote:
More than a few trademark types cringe when their clients or others say things like "let’s trademark it," "they didn’t trademark their logo," or "we don’t want to trademark this name," and, when they ask questions like "is
More than a few trademark types cringe when their clients or others say things like “let’s trademark it,” “they didn’t trademark their logo,” or “we don’t want to trademark this name,” and, when they ask questions like “is it trademarked?” or “is that trademarked software?” or “did we ever trademark our logo?” or “should we be trademarking this packaging?”
Indeed, some have written: “’Trademark’ is not a verb. There is no such thing as ‘trademarking’ a word or phrase.” Similar views are expressed here, here, and here.
Perhaps any cringing may result from the fact that the Lanham Act — the federal trademark statute — defines the word “trademark” as a noun, not a verb or adjective:
The term “trademark” includes any word, name, symbol, or device, or any combination thereof —
(1) used by a person, or
(2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established by this chapter,
to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.
Section 45 of Lanham Act, 15 U.S.C. 1127.
Turns out though, the words “trademark,” “trademarked,” and “trademarking,” are recognized words with established verb meanings that have formed part of the English language: “(1) To label (a product) with proprietary identification; and (2) to register (something) as a trademark.” Moreover, the word “trademarked” has an established adjective meaning too: “labeled with proprietary (and legally registered) identification guaranteeing exclusive use; ‘trademarked goods’“.
From my perspective, there is no need for cringing or even correction, just further inquiry into how the words “trademark,” “trademarked,” and “trademarking” are being used.Continue Reading What Does “Trademarked” Mean to You?
Finally, here is a photo of Rapala’s “More Hits Than Google” billboard ad discussed previously in my Monday post entitled: “Rapala Fishing Lures: More Hits Than Google? Or, More Cats Than You Can Shake a Stick At? ” Sorry for the delay folks.
Anyone notice the exceedingly small print located in the lower right corner of the billboard ad?
OK, leaving your microscopes at the lab, three guesses what it reads:Continue Reading Rapala’s “More Hits Than Google” Billboard Update (Photo Included)