Wilhelm Law Service FAQ

If you are considering going to an "invention marketing" company, you need to carefully consider what they are offering to do for you. These are the companies which advertise on television and radio, and in print, promising that they "help inventors". While there may be some exceptions, the invention marketing business has a reputation akin to that of used car salesmen. Inventors tell us that what they get is much less than what they thought they would get for their money.

What is a collective mark?

A collective mark is a symbol, label, word, phrase or other mark used by members of a group or organization to identify goods, members, products or services they render. Collective marks are often used to show membership in a union, association or other organization.

The use of a collective mark is restricted to members of the group or organization that owns the mark. Even the group itself - as opposed to its members - cannot use the collective mark on any goods it produces. If the group wants to identify its product or service, it must use its own trademark or service mark.

Example:

ILGWU The letters "ILGWU" on a shirt label is the collective mark that identifies the shirt as a product of a member of the International Ladies Garment Workers Union. If, however, the ILGWU wanted to start marketing its own products, it could not use the ILGWU collective mark to identify them; the union would have to get a trademark of its own.

What is trade dress?

In addition to a label, logo or other identifying symbol, a product may come to be known by its distinctive packaging - for example, Kodak film or the Galliano liquor bottle - and a service by its distinctive decor or shape, such as the decor of Banana Republic clothing stores. Collectively, these types of identifying features are commonly termed trade dress. Because trade dress often serves the same function as a trademark or service mark - the identification of goods and services in the marketplace - trade dress can be protected under the federal trademark laws and in some cases registered as a trademark or service mark with the Patent and Trademark Office.

What's the difference between a business name
and a trademark or service mark?

The name that a business uses to identify itself is called a trade name. This is the name the business uses on its stock certificates, bank accounts, invoices and letterhead. When used to identify a business in this way - as an entity for non-marketing purposes - the business name is given some protection under state and local corporate and fictitious business name registration laws, but it is not considered a trademark or entitled to protection under trademark laws.

If, however, a business uses its name to identify a product or service produced by the business, the name will then be considered a trademark or service mark and be entitled to protection if it is distinctive enough. For instance, Apple Computer Corporation uses the trade name Apple as a trademark on its line of computer products.

Although trade names by themselves are not considered trademarks for purposes of legal protection, they may still be protected under federal and state unfair competition laws against a confusing use by a competing business.

Disclaimer. This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.

Frequently Asked Questions

Should I use an invention marketing firm?

What is a collective mark?

What is trade dress?

What's the difference between a business name
and a trademark or service mark?

Frequently Asked Questions

Should I use an invention marketing firm?

What is a collective mark?

What is trade dress?

What's the difference between a business name and a trademark or service mark?

What's the difference between a business name
and a trademark or service mark?