Explain trademarks

Question

What will be an ideal response?

Answer 1

A trademark, granted by the U.S. Patent and Trademark Office, is given to grant the exclusive use in a business name, sound, or logo. To qualify for federal protection, a mark must be distinctive or have acquired a secondary meaning. For example, marks such as Dr. Pepper, and Roto Rooter, are distinctive, while a term such as English Leather has taken on a secondary meaning as a trademark for an aftershave lotion. Words that are descriptive but have no secondary meaning cannot be trademarked. An applicant can register a mark if (1) it was in use in commerce (e.g., actually used in the sale of goods or services) or (2) the applicant verifies a bona fide intention to use the mark in commerce and actually does so within six months of its registration. The following types of marks can be trademarked:
• Trademarks. A trademark is a distinctive mark, symbol, name, word, motto or device that identifies the goods of a particular business.
• Service marks. A service mark is used to distinguish the services of the holder from those of its competitors.
• Certification marks. A certification mark is a mark used to certify that goods and services are of a certain quality or originate from particular geographical areas. The owner of the mark is usually a nonprofit corporation that licenses producers that meet certain standards or conditions to use the mark.
• Collective marks. A collective mark is a mark used by cooperatives, associations, and fraternal organizations.
Trademarks registration is valid for 10 years and can be renewed for an unlimited number of 10-year periods. The registration of a trademark, which is given nationwide effect, serves as constructive notice that the mark is the registrant's personal property. A successful plaintiff who succeeds in a trademark infringement case can recover the profits made by the infringer by the unauthorized use of the mark, damages caused to the plaintiff's business and reputation, an order requiring the defendant to destroy all goods containing the unauthorized mark, and an injunction preventing the defendant from such infringement in the future. The court has discretion to award up to treble damages for intentional infringement.