Answer to Question 1
A marketer should design a brand so that it can be protected easily through registration. To protect its exclusive rights to a brand, a company must ensure that the brand is not likely to be considered an infringement on any brand already registered with the U.S. Patent and Trademark Office.
A marketer should guard against allowing a brand name to become a generic term used to refer to a general product category. Generic terms cannot be protected as exclusive brand names. For example, aspirin, escalator, and shredded wheat-all brand names at one time-eventually were declared generic terms that refer to product classes. Thus, they could no longer be protected. To keep a brand name from becoming a generic term, the firm should spell the name with a capital letter and use it as an adjective to modify the name of the general product class, as in Kool-Aid Brand Soft Drink Mix. Including the word brand just after the brand name is also helpful. An organization can deal with this problem directly by advertising that its brand is a trademark and should not be used generically. The firm also can indicate that the brand is a registered trademark by using the registered symbol.
Answer to Question 2
A
Patent medicines contained a name brand that clearly identified the product and claimed to cure just ...
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