The US Patent and Trademark Office issues Registered Trademark status to
words,phrases, shapes, colors, designs, sounds and even smells.  The more
coined and unique your logo, phrase, etc..., the more likely it will recieve
Registered Status.

The TM designation usually refers to a state trademark or a Registered
pending status, much like a "patent pending" situation.

You cannot however Trademark any functional aspect of a product, good or
service.  A good example remains the Reebok pump on a sneaker or skate.
Reebok obtained a patent for the Pump for a sneaker and a trademark for its
shape and placement on the skate/shoe itself.

All Intellectual Property gets value from exploitation, also called
licensing. Therefore, everytime the NC$$ or a college trademarks its logo,
color scheme, coined name if not descriptive, it creates another licensing
opportunity ($$$).

This remains why you will often see a university or college constantly
changing its logos, graphics, colors and placements, so it can exploit more
product, thereby turning more revenue.

A private company Collegiate Licensing Company handles most universities
licensing programs, however schools like Notre Dame (registered) do it in
house possessing a bevy of enforcement people.

To answer Rick's question, technically we should all use the TM and R logos,
especially in a commercial setting.  Trademark attorneys shiver at the
thought of a Trademark becoming "generic."

Once given "generic" status the Trademark loses all protection rights.  For
example, "Frisbee" instead of flying disc, "Band Aid" instead of Adhesive
Bandage, etc.  Once Generic, no protection, no $$$.

A college hockey team like Michigan will trademark the helmet color scheme,
the Block M, the Jersey design and the placement of the script Michigan on
the jersey.  The word "Michigan" remains descriptive and generic.

-----Original Message-----
From: Rick McAdoo [mailto:[log in to unmask]]
Sent: Monday, April 23, 2001 4:23 PM
To: [log in to unmask]
Subject: An NCAA/licensing tidbit from last night's BC banquet ...


The small gift that each attendee received last night at the BC hockey
banquet was a commemorative puck with one side reading as follows:

Around the outside: BOSTON COLLEGE National Champions
In the center: The BC logo, letters B,C with an Eagle
In smaller print, the year 20 - 01 straddling the logo,
and the teams/score of the final game, Boston College 3, North Dakota 2 OT
At the bottom of the center section, the letters: NCAA.

We were amused by the licensing marks that were included:  The words "Boston
College" were marked with a "Registered" mark (2 places.)  The words
"North Dakota" were marked with a "Trademark" mark.  The BC logo was marked
with a "trademark" mark.  The "NCAA" was marked with a "registered" mark.
The only things on the puck that weren't somehow registered or trademarked
were the year, 2001, the score digits 3 and 2, the OT, and the words
"National Champions".  (Looks like there is still a marketing opportunity
there, eh?  Can you trademark "national champions"?)

It got me to wondering:  Are we all in violation of some sort of law
by mentioning the names of teams without including the proper trademark or
registered mark?  :-))

(I suppose it is only the "official" name in a particular font/color that
is trademarked, but even the plain black team names with the score had the
marks, which made me suspicious ...)
--------------------               ----------------------
Rick McAdoo                        [log in to unmask]
"Volunteer reporter"               A satisfied BC fan.  GO EAGLES!