
Since 1997, June 19th has been recognized as National Martini Day! With over 20 different variations, each with its own unique name, the Martini is one of the most iconic cocktails in U.S. history. Initially known as “The Martinez,” after the town of Martinez, California, the Martini is believed to date back to the 19th century.
Over the years, this classic drink has evolved and, today, comes in various creative styles, flavors, and names. Appletini, anyone? But did you know that the word “Martini” is a federally-registered trademark? Registering a trademark serves to protect it from unauthorized use. When a product name is registered as a trademark, the owner of the trademark has the exclusive right to use it for the product in the registered area. A trademark registered with the U.S. Patent and Trademark Office is the exclusive property of its owner for its registered use throughout the entire country.
With that being said, only a few common cocktail names have ever been federally registered as trademarks. This is because, to be eligible for federal registration, a trademark must be used in “interstate commerce” (across state lines). However, in the alternative to registration on the federal level, a trademark can be registered on the state level in each separate state where it meets the eligibility requirements.
Do you know the difference between a trademark and a copyright?
A trademark is something that identifies and distinguishes the source of particular products or
services. A trademark can be a word or phrase, an image, a sound, a smell, a color scheme – just about anything that causes consumers to associate the products or services with the source. Famous examples of trademarks include the Nike swoosh symbol and the name of the “Martini” cocktail.
On the other hand, copyright applies to creative works, such as architecture, art, film, literature, and music. But copyright also applies to other works for which the “creative” aspect often goes unrecognized, such as coaching methodologies, cookbooks, and even software. Trademarks and copyrights are tools that you can use to protect your business assets. Depending on your unique assets, your business might be able to benefit from trademark protection, copyright protection, or maybe even both!
As we celebrate National Martini Day, let's raise our glasses to delicious drinks and their creative names. Cheers!
Commentaires