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| Creative Trademark Protection for Fragrances, Sounds and 3-Dimensional Objects? |
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The tailoring and planning of trademarks and the enforcing of trademark restrictions are a creative art. A full spectrum of senses is involved: color, three dimensional objects, sounds, fragrances and pictures may all be used to mark and differentiate goods and services. Most people believe that a trademark must be registered to be protected. However, there are unfair competition laws and similar rules for "common law trademarks" providing protection for unregistered markings. For example: There is a company that simply claims "the colour lilac" as its unregistered trademark for abrasive sheets. |
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And would you expect that the trademarks "4711" or "Chanel" could be used for advertising manure collection services? Understanding and using branding tools to create a product image in the international market place is truly a creative art. |
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