Legal Question in Intellectual Property in Texas
Trade marks
Just trying to clarify--a trademark protects the word(s) in a logo-type form only? Is the word/ title itself protected? So in theory, Kleenex tissues can protect their mark for tissues, but Kleenex Car Repair (made this up) can protect its mark for their car repair business?
1 Answer from Attorneys
Re: Trade marks
Trademark is controlled by both state and federal law. It can be words that show a particular business or product, a logo, or a symbol (Mr. Peanut, for example). If the trademark is not vigorously protected, it can lose its protected status and become a generic name (aspirin was a Bayer trademark once).
Kleenex Car Repair can file their name, logo, and any symbol (car blowing grill into a tissue) with the Office of Patent and Trademark (federal) and cover the US, or file with the Texas Secretary of State and cover Texas from Texas infringers.
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