Learn

A trademark is any word, name, symbol, or device (or any combination thereof) that identifies and distinguishes the source of the goods of one party from those of another. A service mark, on the other hand, is any word, name, symbol or device that identifies and distinguishes the services of one party from those of others. Service marks are often referred to as trademarks for convenience or because certain jurisdictions may not recognize the term service mark.

A trademark and service mark can be a word, slogan, design, a product configuration, package design or any other cognizable thing that indicates a particular source of a good or service.

• BIG MAC is a word mark used for hamburgers
• FACEBOOK is a word mark used for an online platform for sharing photos, videos and messages
• GOOGLE is a word mark used for search engine services.

• I’M LOVIN’ IT is a slogan used by McDonald’s for its restaurant services
• THE ULTIMATE DRIVING MACHINE is a slogan used by BMW for its automobiles.

• The PEEPS Bunny Design is a product design trademark (also called trade dress) for candy.

Non-Traditional Marks

Even a sound, smell, motion, color, color combination or a shape can be a trademark under certain circumstances (often referred to as non-traditional  trademarks). For instance, the color pink has become a well-known trademark for insulation used in building construction, the color brown has become a service mark for package delivery services and the sound of certain chimes representing the notes G-E-C has become a trademark for NBC, a television broadcast company.

Trademarks, often known and used as brand names, are a part of everyday life. The main purpose of a trademark is to enable the public to recognize the goods or services of a particular company. Trademarks are protected by law in order to serve this source-indicating function and prevent the public from being confused about the origin of the goods or services. By doing this, a trademark also helps to assure that the trademark owner, and not an imitative competitor, will reap the
rewards associated with a desirable product.

By acting as indicators of source, trademarks promise a consistent level of quality, helping the consumer to decide whether to purchase a desirable product or service again or to avoid an undesirable one.

For a more in depth discussion of trademarks, please see the following link: https://www.inta.org/wp-content/uploads/public-files/resources/INTATMBasicsBrochure.pdf

A counterfeit product is designed and branded to look identical to the authentic product in order to deceive consumers into believing that it is genuine. Such products often include the use of the trademark or logo of the authentic product.

Knockoffs, on the other hand, are designed to look like authentic products, but they are not exact copies and may differ in some ways. Moreover, knockoffs do not feature the trademark or logo of another brand but rather typically use the trademark of the maker of the knockoff.

The short answer is “yes.” In most countries, manufacturing and selling counterfeit products is against the law.

Counterfeits infringe upon brand owners’ trademarks because they use them without the permission of the brand owner and deceive consumers into thinking the products are associated with an established brand. As a result, brand owners can sue counterfeiters to prevent them from continuing to make and sell the fake products.
In certain countries, the government can fine, and even imprison, persons or manufacturers found guilty of selling counterfeit goods.

A common misconception is that counterfeiting is a victimless crime. Consider the following:

The health and safety of consumers

• To keep production costs and sale prices low, counterfeits are often made using cheap or unsafe materials, toxic chemicals or are assembled in faulty ways.
• There can be serious health and safety concerns for purchasers, especially in the case of counterfeit baby formula, cosmetics, hair care products, medications, electronics, and automobile parts.

The lost sales, damaged reputations, and diminished value of brand owners

• Counterfeiting causes missed sales opportunities for retailers selling legitimate products. Counterfeiters have learned to create low-quality copies of products that lure buyers into purchasing the fakes instead of the authentic products.
• Counterfeiting also damages a brand’s reputation and lowers consumer confidence in the genuine products. If someone unknowingly buys a faulty or unsafe counterfeit, thinking it is authentic, they will hold the brand responsible.
• The value of the authentic products could be diminished if purchasers can so easily buy fakes. This could result in potential loss of income for employees of brand owners (or even their jobs) if the production of genuine products is slowed or discontinued.

The low-wage workers and children who are involved in manufacturing counterfeits

• Often times, counterfeiters do not invest in humane factories or follow the laws, so purchasers of counterfeits are potentially supporting child labor and slave labor.

The health and safety of civilian populations, economies, and national security

• In some cases, counterfeiting is linked to organized crime and terrorist groups, which pose serious threats to the health and safety of civilian populations, economies, and national security.