Legal Definitions - product mark

A product mark, also known as a product trademark, is a specific type of legal protection for a brand identifier used on goods or products. It refers to any word, name, symbol, design, or combination of these that identifies and distinguishes a particular product or line of products from others in the marketplace. The primary purpose of a product mark is to indicate the source of the goods, assuring consumers that a specific product comes from a particular manufacturer or seller, and often implying a consistent level of quality.

• Example 1: Consider the distinctive blue and yellow "IKEA" logo prominently displayed on furniture, home accessories, and packaging in their stores. The word "IKEA" combined with its unique logo serves as a product mark, identifying all the various goods sold by the company as originating from IKEA. This mark helps consumers differentiate IKEA's flat-pack furniture and home goods from those sold by other retailers.

  How it illustrates the term: The "IKEA" logo and name are directly associated with the physical products (furniture, kitchenware, decor) that the company sells. It tells consumers that these specific goods come from IKEA, distinguishing them from similar items produced by competitors.

• Example 2: The phrase "Dyson V11" used for a specific model of vacuum cleaner. While "Dyson" is the company's overall brand name, "Dyson V11" specifically identifies a particular product model within their range of vacuum cleaners, distinguishing it from other Dyson models like the "Dyson V8" or "Dyson Outsize."

  How it illustrates the term: "Dyson V11" acts as a product mark because it precisely identifies a particular good (a specific vacuum cleaner model) made by Dyson. It helps consumers recognize and choose that exact product from among Dyson's other offerings and from competitors' vacuum cleaners.

• Example 3: The unique shape of a Coca-Cola bottle. Even without the "Coca-Cola" label, the distinctive contoured glass bottle is instantly recognizable as containing Coca-Cola beverages. This specific bottle design is protected as a product mark (specifically, a trade dress that functions as a product mark).

  How it illustrates the term: The iconic bottle shape serves as a product mark because it uniquely identifies the Coca-Cola beverage itself. It distinguishes Coca-Cola from other soft drinks, even when the word mark might not be immediately visible, by associating that specific product design with a single source.