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Naming & TM Selection Book | Glossaries
Go to Linguistic Glossary below
Trademark
Glossary
The following abbreviated trademark-related
definitions are approximations only, and as the law changes, the
definitions of these terms may change. For more current,
accurate, and complete definitions, consult updated trademark treatises
such as McCarthy
on Trademarks and Gilson on Trademarks as well as Title
15, United States Code and the USPTO website at www.uspto.gov.
Arbitrary Mark: A
mark comprised of existing word(s) having no ordinary relationship
to the products offered with the mark, e.g., KIWI for shoe polish,
APPLE for computers, and PENGUIN for books.
Brand: The expectations,
perceptions, and memories about product(s) evocable by a trademark
and its associated identifying devices, so that "branding" is
the creation of expectations, perceptions, and memories about product(s)
evocable by a trademark and its associated identifying devices.
Capricious Mark: See "Fanciful
Mark" below.
Certification Mark: A mark used by
a person or entity other than its owner to certify (1) regional
or other origin, material, mode of manufacture, quality, accuracy,
or other characteristics of such person's or entity's products, or
(2) that the work or labor on the products was performed by members
of a union or other organization. Examples of well known certification
marks are UL (Underwriter's Laboratory) and the GOOD HOUSEKEEPING seal
of approval.
Collective Mark: A
mark used by members of a cooperative, association, or other collective
group or organization to identify and distinguish their products,
e.g., LURPAK used by the Mejeriforeningen Danish Dairy Board for
butter and other spreadable dairy products from Danish producers
(U.S. Reg. No. 2,638,403) and 3HO used by yoga instructors for yoga
education services (U.S. Reg. No. 3,194,370)
Collective Membership Mark: A
mark indicating membership in an organized group, e.g., the letters
"AAA" within an oval shape, indicating membership in the American
Automobile Association (U.S. Reg. No. 645,541) and 1% FOR THE PLANET,
indicating membership in an association of businesses donating proceeds
to environmental organizations (U.S. Reg. No. 3,233,020).
Color Mark: A mark
comprised of one or more colors, often confined to a specific design
or shape, e.g., the pink color of Owens-Corning building insulation
(U.S. Reg. No. 2,380,742) the brown color used by United Parcel Service
(UPS) (U.S. Reg. No. 2,901,090).
Descriptive Mark: A
mark which describes the products or their functions or characteristics,
e.g., SUPER BLEND for multi-viscosity oils (though registered with secondary meaning, e.g.,
U.S. Reg. No. 1,230,773 (expired)) or SUDSY for ammonia.
Design Mark: A
mark consisting of a picture, design, or symbol, like the Baron Rothschild
sheep's head used for wine (U.S. Reg. No. 3,073,740), also including
stylized designs for words such as the IBM design (U.S. Reg. No.
1,205,090).
Dilution: Impairment
of a famous mark's strength caused by unauthorized use of an identical
or similar mark, trade name or other device, generally for unrelated
products. Dilution
can occur by "blurring" or by "tarnishment." A
mark is diluted by blurring when its distinctiveness is impaired because
of use of the other identical or similar device. A mark
is diluted by tarnishment when its reputation is impaired because of
unsavory or unflattering use of the other identical or similar device. E.g.,
the owner of BUDWEISER for beer brought an anti-dillution action against
BUTTWISER for T-shirts, an alleged blurring, and TOYS "R" US
for children's toys encountered ADULTS "R" US for sexual
devices, an alleged tarnishment.
Family of Marks: A
group of marks, owned by one person or entity, which all have a common
element. Typically
the family of marks is applied to related products to indicate a single
source for all the products. The "MC" device used in McDonalds
Corporation trademarks creates a family of marks, e.g., McDonald's,
McNuggets, and McSnack; so does "CITI," as in marks such
as CITIPRIVILEGES, CITITREASURY, and CITIINSURANCE.
Fanciful Mark: A mark comprised of
coined "word(s)" having no meaning in any language, e.g., KODAK for
film, EXXON for petroleum products, and PROZAC for anti-depressant
medications.
Federal Registration: A
registration at the United States Patent and Trademark Office (USPTO)
in Alexandria, Virginia, which enhances protection under Federal
law.
Foreign Registration: A
registration in any jurisdiction outside the U.S.A.
Generic Designation: A
designation which is a common descriptive name of the products
being provided, such as TELEPHONE or ESCALATOR. An improperly
used distinctive mark can become generic, and therefore no longer
protectable, especially when used improperly as a noun, as with aspirin
or CELLOPHANE.
House Mark: A mark
designed to identify an entire business which may offer multiple products. Microsoft
is a house mark for Microsoft Corporation which offers numerous products
under individual product marks such as Windows, Word, Encarta,
and EXCEL. Similarly, HONDA is a house mark under which resides
product marks like ACCORD, CIVIC, and ACURA.
Ingredient or Component Mark: A mark
indicating the source or origin of an ingredient or component of the
product but frequently not owned by the product's manufacturer or distributor. Examples
are INTEL INSIDE, DOLBY, GORE-TEX, and NUTRASWEET.
International Registration. A
registration at WIPO (World Intellectual Property Organization),
headquartered in Geneva, Switzerland, procured through the Madrid
Agreement or Madrid Protocol. At the time of first publishing
this work, the USA was only a party to the Madrid Protocol.
"Look For" Advertising: Advertising
that encourages the consumer to "look for" the color, seal, medallion,
sticker or other device which the sponsor wants to establish as a protectable
mark or trade dress. Examples are "Just look for the
blue, white and red State of Maine trademark the next time you're shopping
for potatoes" and the International Ladies' Garment Workers' Union
song and slogan "Look for the union label."
Olfactory Mark: A mark consisting
of a distinctive scent, often applied to goods or containers or displays
for the goods. The first such mark registered at the USPTO was
a floral fragrance applied to thread and yarn (U.S. Reg. No. 1,639,128). See
also, e.g., U.S. Reg. No. 3,143,735 for a vanilla scent applied to
office supplies.
Principal Register: The
Register maintained by the USPTO listing marks which are or have
become distinctive, i.e., capable of distinguishing the products
of the owner from those of others. Marks
registered on the Principal Register enjoy greater protection than
those on the Supplemental Register. Excluded from this
Register are non-distinctive subject matter such as descriptive designations,
marks "primarily merely surnames," and certain misdescriptive
marks.
Product Mark: A
mark associated with a particular product, as distinguished from
a house mark which
relates to the entire business. Product marks include TERCEL,
AVALON, COROLLA, and CAMRY, which reside under the TOYOTA house mark.
Secondary Meaning: The
additional significance that a word, slogan, design, or other device
achieves as an indication of source or origin, in contrast to its primary
significance as descriptive or other non-distinctive subject
matter. Secondary meaning is attained when, after extensive use
and advertising, the public perceives the otherwise non-distinctive
device as an indication or source or origin. TASTY for foods
was registered at the USPTO with secondary meaning (U.S. Reg. No. 2,092,872);
so was DIGITAL for computer equipment (U.S. Reg. 2,353,022 (expired)). Secondary
meaning is also referred to as "acquired distinctiveness."
Service Mark: A word, name, symbol,
or device, or any combination thereof, used by a person or entity to
identify and distinguish the services of one person or entity from
the services of others and to indicate the source of the services,
even if that source is unknown. Most insurance marks like GEICO
and TRANSAMERICA are entirely or primarily service marks rather than trademarks since
the owners are exclusively or primarily offering services rather than
goods. For these purposes a "service" is a real
activity performed to the order of, or for the benefit of, someone
other than the trademark user, which activity must be qualitatively
different from anything necessarily done in connection with the sale
of the trademark user's goods or the performance of another service.
Slogan: A phrase or statement that helps
promote interest in a company or its products, frequently descriptive or
highly suggestive, directly touting a specific quality or
benefit, often intended for short term use, and typically longer than
a tagline. Examples are the British Airways slogan THE
WORLD'S FAVOURITE AIRLINE and the New York Times slogan ALL THE NEWS
THAT'S FIT TO PRINT.
Sound Mark: A mark
comprised of a distinctive sound or of a combination or series of
sounds, e.g., the NBC chimes (U.S. Reg. No. 916,522) or the Twentieth
Century Fox musical phrase (U.S. Reg. No. 3,141,398).
State Registration: A
registration at a State trademark registry in any of the 50 States
in the U.S.A.
Suggestive Mark: A
mark which intimates or suggests the goods or services, or their
characteristics, without being descriptive, so that the underlying
connection between the mark and the goods or services only appears
upon reflection or upon exercise of the customer's knowledge or imagination,
e.g., MOUSE SEED for rodent poison or SUNKIST for fruits.
Supplemental Register: The Register maintained
by the USPTO which lists marks potentially capable of distinguishing
the owner's products from those of others but not registerable on the Principal
Register. E.g., descriptive or geographically descriptive
marks as well as surnames are possibly registerable on the Supplemental
Register. Supplemental Register registrations provide fewer benefits
than those on the Principal Register.
Tagline: A very short phrase or other short
combination of words that reflects the tone, essence or premise of
a company or its products, frequently two to four words in length, arbitrary or
remotely suggestive, metaphoric or imaginative, and designed
for long term use. Examples are the NIKE tagline JUST DO
IT and IMPOSSIBLE IS NOTHING associated with ADIDAS.
Trade Dress: The
distinctive, non-functional appearance of a product, its packaging
or presentation, arising from features such as size, shape, colors,
arrangement, texture, and graphic design. The packaging for KODAK
and FUJI film are trade dresses; so would be the decorations, interior
arrangements, and color schemes of the TACO CABANA restaurants.
Trade Name: The
name used by a person or entity to identify his/her/its business,
as distinct from a trademark or service mark, e.g., Eastman Kodak
Company as distinct from KODAK, Xerox, Inc. as distinct from XEROX,
and Atlantic Richfield Company in contrast to ARCO.
Trademark: A word,
name, symbol, or device, or any combination thereof, used by a person
or entity to identify and distinguish his/her/its goods from those
manufactured or sold by others and to indicate the source of the goods,
even if the source is unknown.
Word Mark: A mark
comprised of text, consisting of letters or other typographical elements,
or both, e.g., MINOLTA, COBRA, 7-ELEVEN, W3C, BLACK & DECKER,
VICTORIA'S SECRET, and M@DNOYZ.
Linguistic
Glossary
The following abbreviated linguistic definitions
are approximations only, especially because many of these linguistic
terms have been defined so differently by various authorities. Discussion of
these terms can be found online at www.wikipedia.org and via searches
for "linguistic terminology."
Abbreviation: A
word or combination of words formed by clipping or curtailment, e.g.,
MATH rather than MATHEMATICS or PHONE rather than TELEPHONE. Trademark
examples are CLUB MED(iterranean) and PAN AM(erican).
Acronym: A
word formed from the initial letters of a multi-word name, e.g.,
WIPO (World Intellectual Property Organization) and NATO (North Atlantic
Treaty Organization). Trademark examples are MADD (Mothers Against
Drunk Driving) and GEICO (Government Employees Insurance Corporation).
Alliteration: A
linguistic device consisting of two or more successive or slightly
separated words starting with the same sound, as in LEAPING LIZARDS
or WICKED WIZARD OF WALES. Trademark examples are BOB'S BIG
BOY and REYNOLDS WRAP.
Anagram: A
word or combination of words having the same letters as another but
arranged differently, as per LISTEN in relation to SILENT and ALEC
GUINESS in relation to GENUINE CLASS. Trademark examples are
CAMRY (MY CAR) and SPANDEX(EXPANDS).
Anglicization: The transformation
of a foreign word or word combination into an English sounding, English
looking, or otherwise English-compatible word or word combination,
as with BEAUCHAMPS into BEACHAM or CRISTOFORO COLOMBO into CHRISTOPHER
COLUMBUS. Trademark examples are NUVO from "nouveau" and
BOO-KU from "beaucoup."
Antonym: A
word having an opposite meaning to another, e.g., BLACK in relation
to WHITE or GOOD in relation to EVIL. Trademark examples are
INFINITI and ZERO as used for car parts (marks which are antonyms in
relation to each other) and PRO & CON (antonyms within a mark)
for political and public interest publications and databases.
Aphesis: See Decapitation below.
Apocope: The
omission of the last letter, syllable, or part of a word, achieving
results like MADAM derived from the French MADAME or the American
CATALOG in relation to the British CATALOGUE. Trademark examples
are MOBIL and ZIPLOC.
Aptronym: A name
which matches, complements, or suggests a person's character or occupation,
e.g., JOHNNY APPLESEED, planter of apple trees, or MARGARET COURT,
tennis player. Trademark examples are BETTY CROCKER which strongly
suggests a homemaker and SCHUMACHER (German for "shoemaker")
for shoes.
Assonance: Vowel repetition
in the same stressed syllables of two or more successive or slightly
separated words, achieving a quasi-rhyme or vowel alliteration effect,
as in ROCK 'N ROLL, also featuring consonant alliteration,
and MAD AS A HATTER. Trademark examples are HARMAN/KARDON and
LOCK & LOAD.
Back-Formation: A
means of developing new words by assuming that a word's earlier form
was a derivation and reconstructing the supposed original form by removing
a suffix, prefix or other part from the earlier form. Examples
are BURGLE derived from BURGLAR and DIPLOMAT created from DIPLOMATIC. Trademarks
containing "back-formed" words are BURGER KING since BURGER
was backwardly formed from "hamburger" (from the city of
Hamburg) and INTUIT, derived from "intuition."
Bacronym aka Backronym: The
reverse of an acronym, namely a word or
combination of words whose sounds or meaning mimic, evoke or reflect
an earlier-developed shorter word or acronym, such as PORT OUT, STARBOARD
HOME for POSH or SAVE OUR SHIP for SOS. Trademark examples
are ESSO, derived from S.O., the initials of Standard Oil, and JEEP,
derived from G.P., the initials of General Purpose vehicle.
Cachet: The condition
of enjoying prestige, respect or admiration, like that possessed by
the Nobel Prize or by a prestigious university such as Harvard. Trademark
examples are ROLLS-ROYCE and MERCEDES-BENZ.
Cacophony: The
opposite of euphony, i.e., the unpleasant,
harsh, rough, or discordant quality of sound in a word or combination
of words, as exemplified by BLOG and CACKLE. Trademark examples are
ABERCROMBIE & FITCH and MITSUBISHI.
Capitonym: A word
changing its meaning, and sometimes its pronunciation, when capitalized,
e.g., Job, the Biblical character vs. "job," the task or
occupation, and August, the month vs. "august," the adjective. Trademark
examples are "RAINIER," pronounced like the surname or the
name of the mountain, vs. "rainier," the adjective, and READING,
pronounced as "redding" like the English city Reading, vs. "reading," the
gerund of "read."
Chiasmus: A
rhetorical device, often expressing wit or humor, in which the word
order in two otherwise parallel phrases is reversed. Examples are Samuel Johnson's critique, "Your
manuscript is both good and original, BUT THE PART THAT IS GOOD IS
NOT ORIGINAL; AND THE PART THAT IS ORIGINAL IS NOT GOOD" or Winston
Churchill's remark on drinking," "All I Can Say is that I
HAVE TAKEN MORE OUT OF ALCOHOL THAN ALCOHOL HAS TAKEN OUT OF ME." Trademark
examples of implied or semi-chiasmus are YOU'LL SEE IT WHEN YOU BELIEVE
IT (the converse of "you'll believe it when you see it) for weight
reduction programs, and MOTHER THE NECESSITY OF INVENTION (contrasting
with "necessity, the mother of invention) for backpacks and travel
bags.
Consonance: The
repetition of consonant sounds within words, as in SLALOM and FEBRUARY.
Trademark examples are PRIORY and PARALLELS.
Consonant: An
alphabet letter or cluster of letters which symbolizes a speech sound
made by blocking the flow of air from the lungs, thus representing
the containment of energy. Consonants in English are B, C, D,
F, G, H, J, K, L, M, N, P, Q, R, S, T, V, W, X, Z, and, depending on
usage, Y, as well as some digraphs such as CH, SH, and TH.
Consonant Cluster: A
clump of consonants in a word, as per the
NGSTR in "angstrom" or the LCH in "mulch." Examples of trademarks
having such clusters are GROLSCH and SCHLAGE.
Contraction: A
word or combination of words with letters omitted but still giving
the impression of the original word or word combination, such as
CAN'T for CANNOT and YOU'D for YOU WOULD. Trademark examples
are FLICKR and NVIDIA.
Contronym: A
word or combination of words having two opposite meanings, e.g.,
BOLT connoting both "flee" and "tie
down" and TRIM connoting both "addition" and "excision." Trademark
examples are SCREEN connoting both "hide" and "show" and TRIP connoting
both "stumble" and "move with agility."
Decapitation: The
excision of a word's first letter, syllable, or part as occurred
with NADDER, the snake, which is now called ADDER, and with ESCAPE
GOAT, which morphed into SCAPEGOAT. Trademark examples are ARMONY
from "harmony" and
ITANIUM from "titanium." A special kind of decapitation
is aphesis, the loss of an unstressed vowel
at the beginning of a word. Trademark examples are WILD 'BOUT
BERRIES and ROBIN HOOD (E)SQUIRE.
Diacritical Mark: A
symbol applied to a letter to indicate its pronunciation, e.g.,
the umlaut in NAIVE or the tilde in BANO. Trademark examples
are HAeAGEN DAZS and ERTE.
Digraph: A cluster of
two letters such as PH or TH used to express a single sound or a
sequence of sounds not ordinarily corresponding in sound to the sequence
of letters. Trademark
examples are SHELL and CHANEL.
Diminutive: A word or combination
of words formed from another, usually by adding a suffix, to express
a smaller version of its kind, e.g., KITCHENETTE or DUCKLING. Trademark
examples are WHEATIES and NACHITOS.
Double Entendre: A combination of
words having two meanings, e.g., JUST DESSERTS, which refers to cuisine
but connotes deserved consequences, or PART COMPANY, which could refer
to a departure or a company selling parts (or is perhaps a triple entendre
since it might denote a talent agency). Trademark examples are
HEALTHYSELF for medical services, which is either HEAL + THYSELF or
HEALTHY + SELF, or THE SOFT PUNCH for noncarbonated soft drinks.
Endonym: An endonym
is a place name used by local inhabitants instead of the name used
by foreigners, such as London vs. Londres and Roma vs. Rome, and the
opposite of an "exonym," the place name used by foreigners
rather than by locals, such as Munich vs. Muenchen and Turin vs. Torino. Trademark
examples are BOMBAY, an exonym for "Mumbai," and O-TOWN,
an endonym for "Orlando."
Eponym: The
name of a discovery, principle, place, product, or other thing which
originated from the name of a real or fictitious person, e.g., DIESEL
or POINSETTIA. Trademark examples are STETSON and MARTINIZE.
Euphony: The
opposite of cacophony, i.e., pleasing,
sweet, smooth, or harmonious quality of sound in a word or phrase,
as exemplified by SOVEREIGN and CELLAR DOOR. A euphonious word
could be called a "harmonym" or "euphonym." Trademark
examples are MAYBELLINE and YAMAHA.
Exonym: See Endonym above.
Extraction. A word
or combination of words formed by extracting relatively few letters
from a longer word or a few words from a phrase, e.g., I'D from I WOULD
(a contraction often being an extraction) or FWD from FORWARD (a text
messaging shortcut as a kind of extraction). Trademark examples
are TEFLON from "polyTEtraFLuOroethyleNe," its chemical name,
or PEZ from "Pfefferminze," German for "peppermint."
Fossil Word: A
obsolete word or combination of words which survives in a language
only as part of an idiomatic expression, such as FETTLE which survives
within IN FINE FETTLE and LOGGERHEADS which inhabits AT LOGGERHEADS
WITH. Trademark
examples are KITH from "kith and kin" and SPIC AND SPAN.
Function Word aka Functor: A
word with little meaning whose primary function is to express grammatical
relationships with other words in a phrase or sentence, such as prepositions
like OF and FOR, conjunctions like AND and BUT, and articles like A
and THE. Examples of trademarks that include function words are
FILL IT TO THE RIM WITH BRIM and IT'S ALL IN THE GAME.
Genitive: The possessive
case/form of a noun or pronoun, as per BOOK'S or PILOTS', which generally
indicates that the noun or pronoun is the possessor of another noun,
e.g., "The book's first chapter" or "The pilots' union." Trademark
examples are MRS. PAUL'S and WENDY'S.
Heteronym: A
word or combination of words having the same spelling as another
but a different meaning and pronunciation, as per LEAD, the verb
and the metal, and BUFFET, the blow and the food service. A
heteronym is a special kind of homograph. Trademark
examples are BASS, the fish and the sound range, and DOVE, the bird
and the past tense of "dive," though each usually having
only one pronunciation when used as a mark.
Heterophone: A word or
combination of words whose sounds are different from those of another,
often referring to words whose sounds are somewhat similar, like "parson" vs. "person" or "fakir" (pronounced "fakeer")
and "faker." Trademark examples are HONDA and HYUNDAI
or HINT O' HONEY and HIDDEN HONEY.
Holonym: See Meronym below.
Homograph: A
word having the same spelling and sound as another but a different
meaning, as per RUN connoting "movement" but also "tearing" or
TAP connoting an "outlet" but also a "touch." Trademark
examples are VAULT, connoting both "leap" and "valuables'
storage space," for magazines on offshore investing, and PARTS
UNKNOWN, which could conceivably be associated with "travel," "barbering," "warehousing" or "talent
scouting" but is used for clothing.
Homonym: A
word or combination of words having the same sound as another but
a different spelling, as per BEAR and BARE or PEEK and PEAK. Examples
of trademarks which rely on the effects of homonyms are MINUTE
MAID ("made")
for frozen juices and JOOST ("juiced") for computerized
entertainment services.
Hypernym: See Hyponym below.
Hyponym: A hyponym
is a word more specific in meaning than a related word, e.g., SEDAN
vs. CAR or HAMMER vs. TOOL. The opposite is a hypernym, a word
more general in meaning, such as TREE vs. MAPLE or BIRD vs. PIGEON. Trademark
examples are TERCEL, a hyponym of "hawk" because a "tiercel" is
a male hawk, and "antelope," a hypernym of REEBOK since a "rhebok" is
a kind of antelope.
Idiom: A combination
of words whose typical meaning is different than its literal meaning, such
as HIT THE ROAD ("get started" vs. "strike the pavement")
or BOUGHT THE FARM ("died" vs. "purchased the
agricultural property"). Trademark examples are LET IT RIP
and CUT TO THE CHASE.
Jargon: Vocabulary
peculiar to a particular trade, industry, occupation, profession,
or similar group, often not understood or used by others, as per
the legal term SUA SPONTE (meaning "on his/her own volition" in
Latin) or the military term ALPHA STRIKE. Trademark examples
are FORCE MULTIPLIER and EVENT HORIZON.
Lexeme: A fundamental
unit of the lexicon of a language and whose members represent its various
forms. Members of the lexeme GO include, e.g., GOES, GONE, GOING,
and WENT, and members of the lexeme FINE include, e.g., FINER, FINEST,
FINELY, FINENESS, and FINERY. Trademark examples include former
marks like MIMEOGRAPH that went generic after the mark became a lexeme
with various members (e.g., MIMEOGRAPH, MIMEOGRAPHER, and MIMEOGRAPHING),
and by analogy a family of marks whose quasi-lexeme members are owned
by one company (e.g., the marks CITIBANK, CITICARDS, and CITITREASURY
).
Malapropism: A funny
use of a word or combination of words, typically
because of unintended meaning, confusion with similar sounding word(s),
or erroneous spelling, as in "He's a wolf in cheap clothing" and "The
doctor felt the man's purse and said there was no hope." Trademark
examples are MYLANTA, "lant" being aged urine having many
pre-industrial uses, and DRECK, "dirt" in German, used for leather preservatives.
Matronym aka Metronym: A
name originating from a mother's name, as per MEGSON, son of Meg,
or Hilliard from Hildegard. Trademark examples are ANSON, from
ANN(E) (though sometimes also a decapitation of
Hanson) and TILLOTSON, derived from a diminutive of
Matilda.
Meronym: A meronym
is word or combination of words that designates a thing or concept
which is part of some other thing or concept, as per PETAL, a meronym
in relation to FLOWER. A holonym is a meronym's opposite,
namely a word or combination of words that designate a thing or concept
which includes some other thing or concept, as per ATOM, a holonym
in relation to PROTON. Trademark examples are NEWSDAY in relation
to NEWSWEEK, and SAKS FIFTH AVENUE in relation to its hypothetical
alternatives SAKS MANHATTAN or SAKS NEW YORK.
Metaphor: A word
or phrase suggesting a concept which it directly would not, thus creating
an imaginative comparison between the new concept and the concept ordinarily
denoted, e.g., THIS BUD OF LOVE, comparing love to a flower,
or SURFING THE WEB, watersport and spider's craft encountering
the electronic frontier. Trademark examples are CHICKEN OF THE
SEA for canned tuna and FRUIT OF THE LOOM for underwear.
Metaphrase: A word-for-word translation,
often lacking proper idiomatic meaning, e.g., MY WAY OR THE HIGHWAY literarily
translated into Spanish as "MI MANERA O LA CARRETERA," entirely losing
its idiomatic meaning, or "SABER ES PODER, literarily translated from
Spanish into English as "TO KNOW IS TO BE ABLE," partially losing
its idiomatic meaning. Trademark examples are KFC's slogan FINGER-LICKIN'
GOOD literarily translated into Chinese so that it came out as EAT YOUR FINGERS
OFF and PURE LIFE for bottled water which would be literarily translated in
Spanish markets as VIDA PURA, so the owner adopted a more appropriate PUREZA
VITAL.
Metonym: A
word or combination of words ordinarily denoting one concept but used
to identify another, e.g., BOTTLE denoting "drinking" and
KREMLIN denoting the former Soviet government or the current Russian
government. Trademark examples are RED LOBSTER for fish restaurants
and STAPLES (if meaning fastening devices) for office supplies.
Morpheme: A unit
of meaning, consisting of a word or part of a word, that cannot be
divided into smaller units of meaning, e.g., NOX in "equinox"
refers to "night" and DECK, a whole word having no smaller
units of meaning. Trademark examples of morpheme construction
are COMPILEX for computerized database services for personal injury
lawyers (COMP + PI + LEX and COMPILE) and VASELINE for an oil/water
emulsion (from "Wasser," pronounced "vahser," German
for water, and "elaion," Greek for oil).
Nomenclature: A
system of names or a method for assigning names in an art, science,
trade, or other field, as per a botanical or astronomical nomenclature. Trademark
examples are trademark nomenclature guidelines prescribed by the U.S.
Food & Drug Administration designed to prevent confusion in dispensing
pharmaceuticals and naming conventions for proprietary and licensed
products proclaimed by big companies like Microsoft Corporation.
Neologism: A new
word first coming into the language. Years ago GEEK was such
a new word; GINORMOUS is a more recent creation. Trademark examples
are GOOGLE, a distinctive trademark, but also sometimes colloquially
used generically as a verb to express doing an online search, and XEROX,
also a distinctive trademark but colloquially once used generically
as a noun, verb, and adjective in connection with photocopies.
Nominative: The
subjective case/form of a noun or pronoun which generally indicates
that in a phrase or sentence the noun or pronoun is the active subject
of a verb, not its object, e.g., "The BOOK is both good and original" or "The
PILOTS flew many flights." Real word trademarks that contain or
comprise nouns or pronouns typically show them spelled in the nominative
case/form rather than in the genitive ( e.g., WENDY'S) or
objective case/form (HIM).
Nonce Word: A word
created for a special occasion or intended to be used only "once" (though
sometimes surviving in the language), like QUARK created by James Joyce
for Finnegans Wake or SUPERCALIFRAGILISTICEXPIALIDOCIOUS from
the "Mary Poppins" musical. Trademark examples are
TORINO 2006 developed for the Torino winter Olympic Games and THREE-PEAT
created by basketball coach Pat Riley to reference winning a basketball
championship three times in a row.
Onomatopoeia: The
linguistic phenomenon of a word sounding like the thing it denotes,
e.g., MEOW or HICCUP. Trademark examples are SCHWEPPES, mimicking
the sound carbonated beverages, and FERRARI, reminiscent of a car engine's
roar.
Oronym: A word
or combination of words sounding like another word or combination
of words, e.g., ICE CREAM vs. I SCREAM or WHITE SHOES vs. WHY CHOOSE.
Trademark examples are BEEFEATER ("bee feeder") and ARM & HAMMER
("Armand Hammer," the industrialist).
Oxymoron: A combination
of two or more words that might be perceived as incongruous, e.g.,
JUMBO SHRIMP or ACCURATE ESTIMATE. Trademark examples are BLACK
SUN and LIQUID DIAMOND.
Palatability: The
acceptability of a word or combination of words across language and
cultural boundaries. Words like OKAY and, more recently, EMAIL
are palatable and widely accepted around the world. Examples
of highly palatable trademarks are SONY and NOKIA.
Palindrome: A
word or combination of words which spells the same thing both forwards
and backwards, e.g., DEIFIED and SO MANY DYNAMOS. Trademark
examples are ZOONOOZ and ROTAVATOR.
Parody: In relation
to wordplay and trademarks, a word or combination of words which by
its use and similarity mocks, satirizes, or humorously references an
established name, slogan, mark, or title, e.g., the trademarks CHEWY
VUITON for dog accessories which parodies LOUIS VUITTON or VICTOR'S
LITTLE SECRET for adult products which parodies VICTORIA'S SECRET.
Patronym: A
name originating from a father's name, as per SAMSON, son of Sam(uel)
or FITZPATRICK, son of Patrick. Trademark examples are MCDONALD'S
and ALBERTSONS.
Petronym: A
word or combination of words "set in stone," like VISA
and KNIFE EDGE, whose meaning is relatively singular, long lasting,
and constant even if capable of many metaphoric uses, and somewhat
the opposite of a pteronym. Trademark
examples are ORACLE and AJAX.
Phoneme: The smallest
phonetic (sound) unit of language that can convey a distinction in
meaning, e.g., the "S" sound in "set" as distinguished
from the "J" sound in "jet" or the "W" sound
in "wane" vs. the "V" sound in "vein." Trademark
examples are the "S" sound in SONIQUE vs. the "M" sound
in MONIQUE and the "I" sound in TRUSS-SKIN vs. the "O" sound
in TRUSCON.
Phonosemantics aka Sound Symbolism: The
semantics of sound, or the study of the meaning of sounds, e.g.,
whereby one may surmise the semantics of individual letter sounds. For
instance, the dispersed energy of the "W" sound accounts
for wispy words like "whimper," "whisper," and "wallow," whereas
the highly focused energy of the "T" sound spawns tight
words like "taut," "tense," and "terse." Trademark
examples might be the boisterous "B's" in BOB'S BIG BOY
and the spiritual "A's" in AVAYA.
Portmanteau: A
word created by blending recognizable components of two or more other
words, like SMOG from "smoke" and "fog" or BRUNCH from "breakfast" and "lunch." Trademark
examples are SPAM from "spiced" and "ham" and WATSU
from "water" and "shiatsu."
Pteronym: A "winged" word
or combination of words, like SET and FILE, whose meaning tends to
move, evolve, splinter, and mutate over time, somewhat the opposite
of a petronym. Trademark examples are
LONGS, connoting a surname, physical and temporal length, yearning,
etc., and DR. PEPPER, with PEPPER
connoting a surname, tree, condiment, verb, etc.
Pun: A play on words
by which a word is replaced with a similar word, like a homonym or
similar heterophone to achieve a clever or humorous new meaning,
e.g., NOTHING RISQUE, NOTHING GAINED and A PUN IS ITS OWN REWORD. Trademark
examples are FIG NEWMAN, a pun on FIG NEWTON, and FROOGLE, the former
GOOGLE name for its shopping search engine.
Rebus: Pictures,
symbols, letters, or numerals, or a combination of such elements
which by sound or symbolism suggest a word or phrase, e.g., Q8 is
a rebus for "Kuwait" and
4N6 a rebus for "forensics." Trademark examples are
TOYS "R" US and T42.
Retronym: A new
word or combination of words used for an old thing or concept whose
original name is no longer appropriate or is used for something else,
usually formed by adding an adjective to the original noun, as in
DIRT ROAD (originally just ROAD before roads were generally paved)
and AM RADIO (just RADIO before the FM band was introduced). Trademark
examples are COCA-COLA CLASSIC for the original-flavor drink and
G1 TRANSFORMERS for the original toy action figures.
Reversal: A word
which spells another word backwards, e.g., STRESSED and DESSERTS or
REVEL and LEVER. Trademark examples are HARPO, a reversal of "Oprah" (Winfrey),
and SERUTAN, "natures" reversed.
Rhyme: The identity
of sound between two or more words from the last stressed vowel to
the end of each word, the consonant or consonant group preceding
the last stressed vowel being different for each word, as in TANGO
and MANGO or GUESS and CARESS. Trademark
examples are FAMOUS AMOS (rhyme within a mark) and (GO-GURT yogurt
(rhyme with the product name).
Ricochet Word: A
word, usually hyphenated, formed by reduplicating the first component,
but with the second component either having a different first consonant
sound or a different first vowel sound, e.g., CHIT-CHAT or ROLY-POLY. Trademark
examples are KIT KAT and TUSH-CUSH.
Slang: Very informal, often
ephemeral words or combinations of words that are typically striking,
vivid, colorful, idiomatic, metaphorical, or vulgar, though sometimes
formally accepted into a language following widespread, long term usage. GIZMO
was once slang as was HELL'S BELLS. Trademark examples are JEEPERS
and DEAD PRESIDENTS (money in bills).
Syncope: The
omission of an interior letter, syllable or other part of a word,
as per the contraction CAN'T in relation
to CANNOT and the American ALUMINUM compared to the British ALUMINIUM.
Trademark examples are CUISINART vs. CUISINE ART and TINACTIN vs.
TINEA ACTION.
Synonym: A
word or combination of words having the same meaning as another,
as per BLACK and EBONY or CARELESS and NEGLIGENT. Trademark
examples are TUCKS, a kind of inserts when used for suppositories,
thus matching the mark to the product, and GARDEN OF LIFE for nutritional
supplements, substantially synonymous with EDEN, another nutrition
mark.
Tautonym: A
word or term comprising two or more identical components, as per
COUSCOUS and BERI BERI. Trademark examples are MIU MIU and
TOMTOM.
Telescoped Word: A
composite word formed by joining two or more joined words that share
letters, as in CINEMADDICT and GUESSTIMATE. Trademark
examples are TRAVELODGE and WORMIX.
Theronym: A
name, particularly a product name, derived from an animal's name,
e.g., CAT'S EYE or HOT DOG. Trademark examples are CATERPILLAR
and DODGE RAM.
Toponym: A
place name for a locality, region, or other part of the Earth's surface
such as EVEREST or LOCH NESS. Trademark examples are EVIAN
and YUKON.
Translation: A
word or combination of words from one language whose meaning is expressed
in another language, e.g., VERDE (Spanish for "green") translated
as GRUeN in German, or CAVE CANEM from Latin translated into BEWARE
THE DOG. Trademark examples are MEIRYO, meaning "clear," "lucid," or "plain" in
Japanese, for font-related software, and FACILPAGO, connoting "easy
payment," used by the Home Shopping Network.
Transliteration: A
word or combination of words from one alphabet or script, expressed
in another alphabet or script, usually preserving the sound or concept,
or both, of the word or combination of words from the original alphabet
or script. Trademark examples are CARTIER, phonetically transliterated
into Chinese characters to sound like KA DI YA, and PEPSI COLA, phonetically
and conceptually transliterated into Chinese characters to sound like
BAI SHI KE LE, which means "everything makes you happy."
Trigraph: A cluster
of three letters such as SCH or EAU used to express a single sound
or a sequence of sounds not ordinarily corresponding in sound to the
sequence of letters. Trademark examples are BEAU and SCHLAGE.
Vowel: An alphabet
letter which symbolizes one or more speech sounds made without blocking
the flow of air from the lungs, thus representing the free flow of
energy. Vowels in English are A, E, I, O, and U, and, depending
on usage, Y.
Word: The smallest
unit of syntax in a phrase or sentence, though not to be fully identified
with a word mark which is defined in relation to typography
in the Trademark Glossary.
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