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66-761: WD-40 is an American brand and the trademark of a penetrating oil manufactured by the WD-40 Company based in San Diego, California . Its formula was invented for the Rocket Chemical Company in 1953, before it became the WD-40 Company. WD-40 became available as a commercial product in 1961. It acts as a lubricant, rust preventive, penetrant and moisture displacer. There are specialized products that perform better than WD-40 in many of these uses, but WD-40's flexibility has given it fame as

132-471: A heat transfer oil . Lubricants used for older refrigerator and air conditioning compressors are based on mineral oil, especially those using R-22 refrigerant . Mineral oil is used as a lubricant , a cutting fluid , and as a conditioning oil for jute fibres selected for textile production , a process known as 'jute batching'. Spindle oils are light mineral oils used as lubricants in textile industries. An often-cited limitation of mineral oil

198-534: A jack of all trades . WD-40 stands for Water Displacement, 40th formula. It is a successful product to this day, with steady growth in net income from $ 27 million in 2008 to $ 70.2 million in 2021. In 2014, it was inducted into the International Air & Space Hall of Fame at the San Diego Air & Space Museum . Sources credit different people with inventing WD-40 formula in 1953 as part of

264-592: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in

330-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate

396-467: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark

462-630: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised

528-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with

594-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers

660-408: A risk assessment on the migration of components from printing inks used on carton-board packaging—including mineral oils—into food in 2011, based on the findings of a survey conducted in the same year. The FSA did not identify any specific food safety concerns due to inks. People can be exposed to mineral oil mist in the workplace through inhalation, skin contact, or eye contact. In the United States,

726-439: A temperature buffer minimizing thermal shock to the cells while the dish is taken out of the incubator for observation. Over-the-counter veterinarian -use mineral oil is intended as a mild laxative for pets and livestock. Certain mineral oils are used in livestock vaccines , as an adjuvant to stimulate a cell-mediated immune response to the vaccinating agent. In the poultry industry , plain mineral oil can also be swabbed onto

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792-836: A trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as

858-701: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify

924-449: A wooden kitchen item impedes absorption of food liquids, and thereby food odors, easing the process of hygienically cleaning wooden utensils and equipment. The use of mineral oil to impede water absorption can also prevent cracks and splits from forming in wooden utensils due to wetting and drying cycles. However, some of the mineral oil used on these items, if in contact with food, will be picked up by it and therefore ingested. Mineral oil

990-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to

1056-434: Is a lightweight inexpensive oil that is odorless and tasteless. It can be used on eyelashes to prevent brittleness and breaking and, in cold cream , is also used to remove creme make-up and temporary tattoos . One of the common concerns regarding the use of mineral oil is its presence on several lists of comedogenic substances. These lists of comedogenic substances were developed many years ago and are frequently quoted in

1122-409: Is a liquid obtained from refining crude oil to make gasoline and other petroleum products . Mineral oils used for lubrication are known specifically as base oils . More generally, mineral oil is a transparent , colorless oil, composed mainly of alkanes and cycloalkanes , related to petroleum jelly . It has a density of around 0.8–0.87 g/cm (0.029–0.031 lb/cu in). Some of

1188-609: Is excreted in the stool rather than being absorbed by the body. It is recommended by the American Society for Reproductive Medicine for use as a fertility-preserving vaginal lubrication . However, it is known that oils degrade latex condoms . Mineral oil of special purity is often used as an overlay covering micro drops of culture medium in petri dishes , during the culture of oocytes and embryos in IVF and related procedures. The use of oil presents several advantages over

1254-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent

1320-437: Is known as transformer oil , and in high-voltage switchgear , where mineral oil is used as an insulator and coolant to disperse switching arcs. Because it is noncompressible, mineral oil is used as a hydraulic fluid in hydraulic machinery and vehicles. The dielectric constant of mineral oil ranges from 2.3 at 50 °C (122 °F) to 2.1 at 200 °C (392 °F). Electric space heaters sometimes use mineral oil as

1386-453: Is occasionally used in the food industry, particularly for confectionery . In this application, it is typically used for the glossy effect it produces, and to prevent the candy pieces from adhering to each other. It has been discouraged for use in children's foods, though it is still found in many confectioneries, including Swedish Fish . The use of food grade mineral oil is self-limiting because of its laxative effect. The maximum daily intake

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1452-503: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as

1518-466: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that

1584-406: Is that it is poorly biodegradable; in some applications, vegetable oils such as cottonseed oil or rapeseed oil may be used instead. Because of its properties that prevent water absorption, combined with its lack of flavor and odor, food grade mineral oil is a popular preservative for wooden cutting boards , salad bowls , and utensils . Periodically rubbing a small amount of mineral oil into

1650-409: Is used as a laxative to alleviate constipation by retaining water in stool and the intestines . Although generally considered safe, as noted above, there is a concern of mist inhalation leading to serious health conditions such as pneumonia . Mineral oil can be administered either orally or rectally. It is sometimes used as a lubricant in enema preparations as most of the ingested material

1716-606: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies

1782-611: The Occupational Safety and Health Administration has set the legal limit for mineral oil mist exposure in the workplace as 5 mg/m (0.0022 gr/cu ft) over an 8-hour workday, the National Institute for Occupational Safety and Health has set a recommended exposure limit of 5 mg/m (0.0022 gr/cu ft) over an 8-hour workday, with a previous limit of 10 mg/m (0.0044 gr/cu ft) for short-term exposure rescinded according to

1848-647: The Paris Convention and the Madrid Protocol , simplify the registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite

1914-562: The Rocket Chemical Company (later renamed to WD-40 Company ), in San Diego , California; the formula was kept as a trade secret and was never patented . According to Iris Engstrand , a historian of San Diego and California history at the University of San Diego , Iver Norman Lawson invented the formula, while the WD-40 company website and other books and newspapers credit Norman B. Larsen . According to Engstrand, "(Iver Norman) Lawson

1980-646: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,

2046-497: The 2019 Guide to Occupational Exposure Values compiled by the ACGIH . Levels of 2,500 mg/m (1.1 gr/cu ft) and higher are indicated as immediately dangerous to life and health . However, current toxicological data does not contain any evidence of irreversible health effects due to short-term exposure at any level; the current value of 2,500 mg/m (1.1 gr/cu ft) is indicated as being arbitrary. Mineral oil

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2112-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when

2178-468: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as

2244-577: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in

2310-528: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include

2376-492: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in

2442-486: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or

2508-609: The US material safety data sheet information, and with the CAS numbers interpreted: The European formulation is stated according to the REACH regulations: The Australian formulation is stated: In 2009, Wired published an article with the results of gas chromatography and mass spectrometry tests on WD-40, showing that the principal components were C 9 to C 14 alkanes and mineral oil . Trademark The primary function of

2574-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application

2640-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark

2706-669: The Year can identify herself as such on her website. Mineral oil Mineral oil is any of various colorless, odorless, light mixtures of higher alkanes from a mineral source, particularly a distillate of petroleum , as distinct from usually edible vegetable oils . The name 'mineral oil' by itself is imprecise, having been used for many specific oils over the past few centuries. Other names, similarly imprecise, include 'white oil', 'paraffin oil', ' liquid paraffin ' (a highly refined medical grade ), paraffinum liquidum ( Latin ), and 'liquid petroleum'. Most often, mineral oil

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2772-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under

2838-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under

2904-504: The company, who had the idea of packaging it in aerosol cans and marketed it in this way. It was written up as a new consumer product in 1961. By 1965 it was being used by airlines including Delta and United; United, for example, was using it on fixed and movable joints of their DC-8 and Boeing 720s in maintenance and overhaul. At that time, airlines were using a variant called WD-60 to clean turbines, removing light rust from control lines, and when handling or storing metal parts. By 1969 WD-40

2970-430: The dermatological literature. The type of highly refined and purified mineral oil found in cosmetic and skincare products is noncomedogenic (does not clog pores). Mineral oil is used in a variety of industrial/mechanical capacities as a non-conductive coolant or thermal fluid in electric components, as it does not conduct electricity and functions to displace air and water. Some examples are in transformers , where it

3036-595: The different spellings, all three terms denote the same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark

3102-476: The feet of chickens infected with scaly mites on the shank, toes, and webs. Mineral oil suffocates these tiny parasites. In beekeeping , food grade mineral oil-saturated paper napkins placed in hives are used as a treatment for tracheal and other mites . It is also used along with a cotton swab to remove un-shed skin ( ashes ) on reptiles such as lizards and snakes. Mineral oil is a common ingredient in baby lotions , cold creams , ointments , and cosmetics. It

3168-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about

3234-457: The imprecision in the definition of the names used for mineral oil (such as 'white oil') reflects usage by consumers and merchants who did not know, and usually had no need of knowing, the oil's precise chemical makeup. Merriam-Webster states the first use of the term "mineral oil" as being 1771. Prior to the late 19th century, the chemical science to determine the makeup of an oil was unavailable in any case. A similar lexical situation occurred with

3300-574: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at

3366-532: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that

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3432-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,

3498-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to

3564-417: The open culture system: it allows for several oocytes and embryos to be cultured simultaneously, but observed separately, in the same dish; it minimizes concentration and pH changes by preventing evaporation of the medium; it allows for a significant reduction of the medium volume used (as few as 20 μl (0.0012 cu in) per oocyte instead of several milliliters for the batch culture); and it serves as

3630-560: The outer wall of the missile's delicate balloon tanks . WD-40 was later found to have many household uses and was made available to consumers in San Diego in 1958. In Engstrand's account, it was Iver Norman Lawson who came up with the water-displacing mixture after working at home and turned it over to the Rocket Chemical Company for the sum of $ 500 (equivalent to $ 5,700 in 2023). It was Norman Larsen, president of

3696-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example

3762-527: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced

3828-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with

3894-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as

3960-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of

4026-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with

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4092-488: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and

4158-517: The term " white metal ". "Mineral oil", sold widely and cheaply in the United States, is not sold as such in the United Kingdom. Instead, British pharmacologists use the terms "paraffinum perliquidum" for light mineral oil and "paraffinum liquidum" or "paraffinum subliquidum" for somewhat more viscous varieties. The term "paraffinum liquidum" is often seen on the ingredient lists of baby oil and cosmetics . British aromatherapists commonly use

4224-478: The term "white mineral oil". In lubrication , mineral oils make up Group I, II, and III base oils that are refined from petroleum. The World Health Organization classifies minimally treated mineral oils as carcinogens group 1 known to be carcinogenic to humans; Highly refined oils are classified group 3 as not suspected to be carcinogenic, from known available information sufficient to classify them as harmless. The UK Food Standards Agency (FSA) carried out

4290-506: Was acknowledged at the time, but his name later became confused with company president Norman B. Larsen." "WD-40" is abbreviated from the term "Water Displacement, 40th formula", suggesting it was the result of the 40th attempt to create the product. The spray, composed of various hydrocarbons , was originally designed to be used by Convair to protect the outer skin of the Atlas missile from rust and corrosion. This outer skin also functioned as

4356-581: Was being marketed to farmers and mechanics in England. In 1973, WD-40 Company, Inc., went public with its first stock offering. Its NASDAQ stock symbol is ( Nasdaq :  WDFC ). WD-40's formula is a trade secret . The original copy of the formula was moved to a secure bank vault in San Diego in 2018. To avoid disclosing its composition, the product was not patented in 1953, and the window of opportunity for patenting it has long since closed. WD-40's main ingredients as supplied in aerosol cans, according to

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