Note: This is from my original blog, written December 2008. This is US-centric. I’ve decided to revive some of them.
Next up, something I got way to familiar with as an ad major: trademarks.
Trademarks are the little things that discern one service or product from another, like logos or slogans. (Branding is built around these things. But, that’s a topic for another time.)
In the U. S., trademarks must be used in commerce before they can be filed. That said sticking a small “TM” (trademark) or “SM” (service mark) next to or on a trademark can be used until it’s registered. Once registered, the trademark will be active for 10 years and can be renewed for 10 years (and then renewed again). Unlike copyright laws, there are not international trademark protections; a trademark will need to be registered for every country it will be in effect for.
When it’s being registered, a trademark can either be granted to a person or a business/organization. In most cases, it’s wiser to keep it with the person and just license it for a set period. It makes sure that if the company is taken over, closes, etc. that the creator actually gets to keep their creations.
So, what’s so great about them? Sounds like copyrights would be better. First, many trademarks can’t be copyrighted. Words, phrases, and colors cannot be copyrighted. What’s special about “Puma” or “Good to the Last Drop” or the pink color used for Owens Corning’s fiberglass insulation?
Even better, knockoffs are also prevented. While there are a variety of mice in overalls, Disney will get involved if there’s something akin to Mickey Mouse, particularly in animation.
Tags: intellectual property, media
