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Law Wire Media: Soundmark: A New Non Conventional Trademark
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What is a Life Estate?
A non-conventional trademark, also known as a nontraditional trademark, is any new type of trademark which does not belong to a pre-existing, conventional category of trade mark, and which is often difficult to register, but which may nevertheless fulfill the essential trademark function of uniquely identifying the commercial origin of products or services.
The term is broadly inclusive as it encompasses marks which do not fall into the conventional set of marks (e.g. those consisting of letters, numerals, words, logos, pictures, symbols, or combinations of one or more of these elements), and therefore includes marks based on appearance, shape, sound, smell, taste and texture.
Non-conventional trademarks may therefore be visible signs (e.g. colors, shapes, moving images, holograms, positions), or non-visible signs (e.g. sounds, scents, tastes, textures).
Certain types of non-conventional trademarks have become more widely accepted in recent times as a result of legislative changes expanding the definition of "trademark". Such developments are the result of international treaties dealing with intellectual property, such as the Agreement on Trade-Related Aspects of Intellectual Property Rights, which sets down a standardised, inclusive legal definition. Single colour trademarks, motion trademarks, hologram trademarks, shape trademarks (also known as three dimensional trademarks or 3D trademarks), and sound trademarks (also known as aural trademarks), are examples of such marks.
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify that the products or services to consumers with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.
A trademark may be designated by the following symbols:
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound.
The owner of a trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Most countries require formal registration of a trademark in order to pursue this type of action. A few countries, including the United States, recognize common law trademark rights, which means action can be taken for trademark that is in use but not registered. In the United States, registration is not required, but it increases the legal protections offered to the trademark holder.
George Friederich Sherrill (born April 19, 1977, in Memphis, Tennessee), also known as "The Brim Reaper", "Flat Breezy", and "Duckbill" (all because he keeps the brim of his hat very flat while he plays), is a Major League Baseball relief pitcher for the Seattle Mariners.
Sherrill was not drafted after graduating from Austin Peay State University.
Sherrill began his professional career in the independent Frontier League pitching for the Evansville Otters. In 22 games he was 2-4 with a 3.15 ERA. He played for Evansville in 1999 and 2000. He also pitched for the Quebec Capitales in the Northeast League in 2000. He moved to the Northern League in 2001 and pitched for the Sioux Falls Canaries. In 2002 and 2003, he played for the Winnipeg Goldeyes of the Northern League.
In July 2003, Sherrill’s was signed to a minor league contract by the Seattle Mariners. He played the balance of the season for the Double-A San Antonio Missions, and was selected as a Seattle representative for the Arizona Fall League.