Understanding the three different categories of trademarks—generic, descriptive, and distinctive—is crucial before we get into the specific issue of using the Nike logo. A generic trademark is a well-known word that cannot be registered as a trademark, like “car” or “computer.” A descriptive trademark is a word or phrase that aptly sums up the good or service being advertised, such “Best Buy” or “The Coffee Shop.” An original word or symbol, such as the Nike swoosh, that is not descriptive of the good or service is known as a distinctive trademark.
It’s crucial to pick a unique symbol or phrase that is not currently in use by another party if you intend to use a trademark for your company or personal use. To make sure that your desired trademark is not already registered by another party, you should run a trademark search. The United States Patent and Trademark Office (USPTO) will accept applications for trademark registration once you have decided on a mark. How Do You Establish a Prior Trademark?
You might need to provide evidence of a prior trademark if you think someone else is using your name or logo without your consent. In order to prove that you were using the trademark in commerce before the other party, you can present proof such as sales records, marketing materials, and other paperwork. If you want to launch a lawsuit for trademark infringement, you might also need to employ an attorney. Do Trademarks Prevail Over Copyrights?
There are two different types of intellectual property protection: a trademark and a copyright. A copyright protects original works of authorship like books, music, and artwork, whereas a trademark protects a symbol or phrase that is used to identify a good or service. A trademark and a copyright may occasionally overlap. A logo, for instance, may be covered by both trademark and copyright law if it is both a trademark and a creative work.
In conclusion, it is forbidden to utilize the Nike logo for personal purposes without Nike’s consent. The Nike swoosh is a recognizable trademark that is legally protected, and the business may take legal action if the emblem is used without authorization. It’s crucial to pick a distinctive symbol or phrase that is not currently in use by another party and to register it with the USPTO if you intend to use a trademark for your company or personal usage. You might need to contact a lawyer to assist you safeguard your rights if you think someone else is using your trademark without your consent.
A trademark can be taken, yes. When someone uses a trademark without the owner’s consent or in a way that causes uncertainty about the source of the goods or services associated with the trademark, this is known as trademark theft, also known as trademark infringement. This could cause the trademark owner financial loss and harm to the brand’s reputation. Before using any branded content, it is crucial for both individuals and companies to be aware of trademark rules and to secure the necessary authorization or licensing.