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Getting the Deal Through: Trademarks - 2009
What may and may not be protected and registered as a trademark?
Any sign that may be represented graphically and that is useful to distinguish the goods or services from those of another company on the market may be registered as a trademark. This includes names, words, images, drawings, pictures, letters, numbers, three-dimensional forms (such as the form of a product) and any combination of them. Sounds are also accepted, while smells have traditionally not been registered with the SPTO as they are considered not to be ‘graphi- cally described’.
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Trademarks 2009, (published in October 2008; contributing editors Joseph Nicholson and Stuart Sinder). For further information please visit www.GettingTheDealThrough.com.
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