Racy Trademarks And Patents Are Not On Equal Footing

Law360, New York (April 8, 2014, 12:53 PM EDT) -- Everything from the Nike slogan “Just do it,” to the name “Coca-Cola,” to the design of McDonald’s golden arches has trademark protection. A trademark is a word, name or symbol that identifies a product in a way that distinguishes it from others, and having a widely recognized trademark is a tremendous asset. Another type of intellectual property, patent, which protects new and useful inventions, is actually issued from the same office, the U.S. Patent and Trademark Office.

However, when it comes to the race to trademark...
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