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Trademark Myth #10

Over the next few weeks, I’ll summarize the top ten trademark myths.  People have false beliefs about a lot of things related to trademarks and how the Patent and Trademark Office works.  So let’s get started…

Myth #10: Anything can be trademarked!   

❌ False. . . Many believe that you can obtain a trademark registration for just about anything.  However, in some cases, people file a trademark application for what should really be a patent (a product or process that consists of a new way of doing something) or a copyright (any “original work of authorship.)”

  A trademark is any word or design used in connection with particular goods or services. . . and sometimes colors or sounds (UPS Reg. Serial No.  2901090, Home Depot Reg. Serial No. 2,276,946, Tiffany Reg. Serial No. 4,177,892, NBC ”chimes“ Reg. Seriál No. 916522, MGM “roaring lion“ 1413137).  The Patent and Trademark Office provides forty-five classifications of goods and services, so the subject of a trademark application should fit into at least one of those classes. 

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