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Unformatted text preview: re registered trademarks,
and competitors cannot use these names. Aspirin and escalator are former trademarks
that are now generic terms in the United States and can be used by anyone.
In 1988, the Trademark Law Revision Act resulted in a major change to the Lanham
Act, allowing a company to secure rights to a name before actual use by declaring
an intent to use the name.28 In 2003, the United States agreed to participate in the
Madrid Protocol, which is a treaty that facilitates the protection of U.S. trademark
rights throughout the world.29 See the Making Responsible Decisions box to learn
about a use (or misuse) of trademarks called Doppelgangers.30
One of the most recent changes in trademark law is the U.S. Supreme Court’s ruling that companies may obtain trademarks for colors associated with their products.
Over time, consumers may begin to associate a particular color with a specific brand.
Examples of products that may benefit from the new law include NutraSweet’s sugar
substitute in pastel blue packages and Owens-Corning Fiberglas Corp...
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This document was uploaded on 01/30/2014.
- Spring '14