A carefully selected and nurtured trademark is a valuable business asset for most companies. For some, it may be the most valuable asset they own. In fact, estimates of the value of some of the world's most famous trademarks—such as Coca-Cola or IBM—exceed $70 billion each. But, while most businesses realize the importance of using trademarks to differentiate their products/services from those of their competitors, not all realize the importance of developing and protecting them. So, let’s break down that process:
What Is A Trademark?
A trademark is a sign capable of distinguishing the goods or services produced or provided by one enterprise from those of other enterprises. That includes any distinctive words, letters, numerals, drawings, pictures, shapes, colors logotypes, labels or combinations of the aforementioned that are used to distinguish goods or services.
In some countries, advertising slogans are also considered trademarks and may be registered as such at national trademark offices. An increasing number of countries also allow for the registration of less traditional forms of trademarks, such as single colors, three-dimensional designs (i.e., shapes of products or packaging), audible signs (i.e., sounds) or olfactory signs (i.e., smells). However, many countries have set limits on what can be registered as a trademark, generally only allowing for signs that are visually perceptible or can be represented graphically.
Here are some examples:
1. Trademarks: Microsoft; Froot Loops; Ford (these are products or goods)
2. Service marks: Blockbuster; McDonalds; Kinkos (these are services)
3. Logotypes: CBS’ eye in a circle; Apple Computer's Apple; the Nike Swoosh
4. Color Marks: Kodak’s yellow packaging; Howard Johnson’s red roof; Owens-Corning’s pink-fiberglass insulation
5. Trade Dress: Coca Cola bottle-shape; the Banana Republic decorating motif; the Pillsbury Doughboy
6. Slogans: Microsoft's "Where Do You Want To Go Today?"; IBM's "Solutions For A Small Planet"; Clairol's "Hair Color So Natural Only Her Hairdresser Knows For Sure"
7. Sounds: MGM'S lion roar; Harley Davidson's motorcycle exhaust sound; NBC's chimes
8. Collective Marks: ILGWU (International Ladies' Garment Workers' Union); GSA (Girls Scouts of America); AAA (American Automobile Association)
9. Certification Marks: Good Housekeeping Seal of Approval; Harris Tweeds; Roquefort Cheese
