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Blog: What Can Be Trademarked?

October 31, 2014

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A trademark typically falls into one of two categories: (1) a word or phrase or (2) an image, logo, design, or one of the more non-traditional trademarks (sound, smell, color).  When an individual or business uses one of these items to identify their products or services, they can apply for trademark protection in order to obtain exclusive rights in that trademark.

The name of a business, if unique or well-known in the relevant market, can be protected as a trademark.  Similarly, if a particular phrase is understood by the public to identify the source of products or services, it may be trademarked.  Logos and unique designs are generally protectable as well.  In rare instances where a color, smell, or sound is recognized by the public to signify a provider of goods or services, it may be trademarked. 

This blog post is authored by Jacob Natwick and meant for informational purposes only.  It is not meant to provide legal advice in any particular circumstance or factual situation.  You should consult with an attorney prior to taking any action regarding the information contained herein.  

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