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C. Non-verbal marks
In
addition to verbal trademarks, devices or logo marks deserve mention. Perhaps
the most well-known music device mark in recent memory is the mark of the
artist formerly known as “Prince” ("TAFKAP"). Companies, groups
and individual performers may adopt devices as trademarks or service marks, and
may also combine them with word trademarks, known as composite marks, to
strengthen their marks. A distinctive entertainment costume may even be
registrable as a trademark, provided that the costume serves more than an
ornamental function. As mentioned earlier, even musical compositions may be
trademarks, although the signature performance of such compositions may not act
as a trademark, notwithstanding any related issues under rights of personality
and publicity. Naturally, the rules concerning suggestiveness, arbitrariness
and descriptiveness apply so that a musical note adopted in the music field may
be considered descriptive, a picture of a globe may be considered suggestive of
music with a global appeal, a picture of a pumpkin would be considered
arbitrary and TAFKAP's mark would be considered fanciful.
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