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What is a trademark?
A trademark is anything that indicates source, sponsorship, affiliation or other business relationship of the goods or services. Start with the notion that an indicator must be perceived through one of the five senses. This includes taste, touch, smell, sight and sound. Some senses lend themselves to interaction with trademarks better than others, but all are capable of doing so.
currently, the following have been registered as trademarks:
Sight - Single words, word strings, slogans, logos, letters (e.g. initials), numbers, drawings/pictures, devices, product configurations, single colors, and multiple colors Sound - Chimes, many of the items listed under sight are also spoken Smell - Fragrance Taste - None known to the authors of this material Touch - Product configurations
The types of indicators that can function and be protected as trademarks are very much in development. The true test is whether "it" is capable of indicating a single source, sponsorship, affiliation or other business relationship, regardless of whether or not the exact entity(ies) is(are) known.
Updated: 11/12/99
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