What do Trademark Laws Protect

[cmmst12011]

Pennsylvania

Hello,
I generally thought trademark laws protect symbols, drawings, or any kind of artwork related to expressing, or representing a business or product. I was in a forum that was talking about the Trijicon ACOG Scope and the clones. Individuals made the statement that the trademark not only protects the logos and symbols, but the structure and display of the ACOG Scope. Wouldn't this fall under patent laws for the actual structure, not trademark?

 

[justalayman]

If there is a design patent it could cover the design but a design or design element can also be a trademark.

Simply put, a trademark is an identifier of the company. If a design or design element causes one think of the company when seeing it, it could become a trademark. Think Coca Cola and their bottle design.

 

[quincy]

Pennsylvania

Hello,
I generally thought trademark laws protect symbols, drawings, or any kind of artwork related to expressing, or representing a business or product. I was in a forum that was talking about the Trijicon ACOG Scope and the clones. Individuals made the statement that the trademark not only protects the logos and symbols, but the structure and display of the ACOG Scope. Wouldn't this fall under patent laws for the actual structure, not trademark?

Are the Trijicon ACOG Scope-clones the ones you are purchasing from China to resell in the US?

I agree with all that justalayman said. Trademarks can be more than distinctive words, phrases, logos, graphics and symbols. They can include colors and shapes and sounds and smells. If creative and original enough, trademarks can also have copyright protection (many logos are copyright-protected) and, if nonobvious and novel, trademarks can have patent protection (like the Coca-Cola bottle shape that justalayman mentioned).

You need to be very careful when you are purchasing products from China. China is the major world source of infringing goods (whether the goods infringed are patented, copyrighted or protected under trademark laws). As I recommended in your other thread, the rifle scopes you want to purchase from China and sell in the US should be examined by an IP expert so you do not find yourself the target of a lawsuit.

Good luck.