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65-435: Different blenders have different functions and features but product testing indicates that many blenders, even the less expensive ones, are useful for meeting many consumer needs. Features which consumers consider when purchasing a blender include the following: Countertop blenders use a 1–2 liters (4–8 cups) blending container made of glass , plastic , stainless steel . Glass blenders are heavier and more stable. Plastic

130-486: A spigot added for quick serving. Some models also feature a gimballed stirring rod mounted on the lid, constructed so that mixtures can be stirred whilst the machine is running with no chance of the stirrer fouling the blades. In 1996 Tom Dickson, founder and CEO of Blendtec , introduced the WildSide blending jar—a unique design that eliminated the need for stir sticks and plungers to make thicker blends. The technology

195-592: 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

260-756: A blender based on the Turmix Standmixer and released in 1944 the Walita Neutron blender. Clemente also created the name liquidificador , which ever since designated a blender in Brazil. Soon thereafter, Walita acquired the Turmix patents in Brazil and also released the Turmix juicer, calling it the Centrífuga Walita as well the others Turmix accessories for use with the blender motor, as fruit peelers, grinder, crusher and batter mixer. Using

325-423: A blender with electromechanical controls, the button (or other electrical switching device or position) for each different speed connects a different stator winding/tap or combination thereof. Each different combination of energized windings produces a different torque from the motor, which yields a different equilibrium speed in balance against the drag (resistance to rotation) of the blade assembly in contact with

390-412: A combination that identifies a product or service from a particular source and distinguishes it from others. Trademarks can also extend to non-traditional marks like drawings, symbols, 3D shapes like product designs or packaging, sounds, scents, or specific colors used to create a unique identity. For example, Pepsi® is a registered trademark associated with soft drinks, and the distinctive shape of

455-444: 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

520-467: 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

585-630: 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

650-437: 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

715-609: 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

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780-410: A mixing head with rotating blades that can be immersed in a container. Immersion blenders are convenient for homogenizing volumes that are too large to fit in the bowl of a stationary blender or as in the case of soups, are too hot to be safely poured into the bowl. The operation of an immersion blender requires that the user hold down a switch for as long as the blades operate, which can be tiresome for

845-542: A product called "The Blender," which was functionally a reinforced blender with a stainless steel jar, instead of the Pyrex glass jar used by Waring. In 1946 John Oster, owner of the Oster barber equipment company, bought Stevens Electric Co. and designed its own blender, which Oster commercialized under the trademark Osterizer . Oster was bought by Sunbeam Products in 1960. which released various types of blenders, such as

910-424: A small output shaft penetrates the upper housing and meshes with the blade assembly. Usually, a small rubber washer provides a seal around the output shaft to prevent liquid from entering the motor. Most blenders today have multiple speeds. As a typical blender has no gearbox , the multiple speeds are often implemented using a universal motor with multiple stator windings and/or multi-tapped stator windings; in

975-460: A spring force varied by the control knob when it is switched into the higher speed range. With this arrangement, when not set to the Stir speed, motor speed is constant even with varying load up to the point where power demanded by the load is equal to the motor's power capability at a particular speed. The more modern version of this arrangement is electronic speed control found on some units. In 1949

1040-486: A variety of other configurations made for laboratories. The Polish-American chemist Stephen Poplawski, the owner of the Stevens Electric Company , began designing drink mixers in 1919 under a contract with Arnold Electric Company, and patented the drink mixer in 1922 which had been designed to make Horlicks malted milkshakes at soda fountains . He also introduced the liquefier blender in 1922. In

1105-701: 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

1170-493: 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

1235-435: 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

1300-423: Is prone to scratching and absorbing the smell of blended food. Stainless steel is preferred for its appearance, but limits visibility of the food as it is blended. Countertop blenders typically offer 2–16 speed settings, but having more choices in speed settings is not an indication of increased utility for all users. In cases where the blades are removable, the container should have an O-ring or gasket between

1365-503: 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

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1430-466: 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

1495-606: 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

1560-587: 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 the Paris Convention and the Madrid Protocol , simplify

1625-627: The Turmix Juicer , which was also available as separated accessory for use in the Turmix blender, the juicer Turmix Junior . Turmix  [ de ] had promoted the benefits of drinking natural juices made with fruits and vegetables, with recipes using juices to promote its blender and juicer. After the World War II other companies released more blender in Europe; the first one was

1690-646: 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,

1755-400: The 1930s, Louis Hamilton, Chester Beach and Fred Osius produced Poplawski's invention under the brand name Hamilton Beach Company . Fred Osius improved the appliance, making another kind of blender. He approached Fred Waring , a popular musician, who financed and promoted the "Miracle Mixer", released in 1933. However, the appliance had some problems to be solved about the seal of the jar and

1820-547: The Coca-Cola® bottle is a registered trademark protecting Coca-Cola's packaging design. The primary function of 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

1885-429: 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

1950-598: The Imperial series, and still make the traditional Osterizer blender. In Europe, the Swiss Traugott Oertli developed a blender based on the technical construction and design style conception of the first Waring Blendor (1937–1942), releasing in 1943 the Turmix Standmixer . Based on the blender, Traugott also developed another kind of appliance to extract juice of any juicy fruit or vegetables,

2015-468: 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

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2080-459: The Philips brand outside Brazil. The Austrian immigrant Hanz Arno, owner of an electric motor manufacturer in Brazil since the 1940s, released a blender in 1947, based on the blenders made by Hamilton Beach and Oster. The Liquidificador Arno was exported to other South American countries. As Arno had stocks of Electrolux , that brand was used on the blender in some countries. Later in 1997 Arno

2145-577: 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

2210-528: 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

2275-492: 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

2340-486: 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

2405-400: 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

2470-584: 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

2535-494: The Wikimedia System Administrators, please include the details below. Request from 172.68.168.226 via cp1108 cp1108, Varnish XID 212564614 Upstream caches: cp1108 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 10:36:43 GMT Trademark A trademark (also written trade mark or trade-mark ) is a form of intellectual property that consists of a word, phrase, symbol, design, or

2600-533: The addition of some liquid to operate correctly. In these blenders, the liquid helps move the solids around the jar, bringing them in contact with the blades. The blades create a whirlpool effect which moves solids from top to bottom, ensuring even contact with the blade. This creates a homogeneous mixture. High-powered blenders are capable of milling grains and crushing ice without such assistance. The hand-held immersion blender, stick blender , hand blender or wand blender has no container of its own, but instead has

2665-459: 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

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2730-438: 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

2795-450: The body of the container and the base to seal the container and prevent the contents from leaking. The blending container is generally shaped in a way that encourages material to circulate through the blades, rather than simply spinning around. The container rests upon a base that contains a motor for turning the blade assembly and has controls on its surface. Most modern blenders offer a number of possible speeds. Low-powered blenders require

2860-436: The company Vitamix advertised their blender in one of the first television infomercials . The sales pitch lasted for 25 minutes, suggesting that the blender be used to make bread crumbs, potato pancakes, laxative spinach drinks, and a dessert beverage featuring entire raw eggs and their shells, which the host announced would be enjoyed like malted milk . Product testing Too Many Requests If you report this error to

2925-409: 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

2990-501: The knife axis, so Fred Waring redesigned the appliance and released his own blender in 1937, the Waring Blendor with which Waring popularized the smoothie in the 1940s. Waring Products was sold to Dynamics Corporation of America in 1957 and was acquired by Conair in 1998. Waring long used the trademarked spelling "Blendor" for its product; the trademark has expired. Also in 1937, W.G. Barnard, founder of Vitamix , introduced

3055-574: 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

3120-532: 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

3185-415: 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,

3250-476: The material inside the food container. A notable exception from the mid-1960s is the Oster Model 412 Classic VIII (with the single knob) providing the lowest speed (Stir) using the aforementioned winding tap method but furnishing higher speeds (the continuously variable higher speed range is marked Puree to Liquify) by means of a mechanical speed governor that balances the force provided by flyweights against

3315-476: 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

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3380-649: The popular Starmix Standmixer (1948), from the Germany company Electrostar, which had numerous accessories, like a coffee grinder, cake mixer, ice cream maker, food processor, thermic jar, milk centrifugue, juicer and meat grinder; and the Braun Multimix (1950) from Max Braun, which had an attachment with glass bowl to make batter bread and a juicer centrifuge like the one developed by Turmix. In Brazil, Waldemar Clemente, ex-staffer of General Electric and owner of Walita electric appliance company since 1939, designed

3445-421: 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

3510-570: 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 the different spellings, all three terms denote

3575-527: 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

3640-425: 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

3705-426: 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

3770-405: 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

3835-547: 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

3900-513: The same marketing strategy as Turmix in Europe, Walita passed the million-blenders-sold mark a few years later in the early 1950s. Walita was the first manufacturer to release a wide range of blenders in the 1940s. In the 1950s, Walita made blenders for Siemens , Turmix, Philips , and Sears ( Kenmore ), among others. In the 1960s Royal Philips Co. approached Walita, acquiring the company in 1971, becoming Royal Philips' kitchen appliances developer division specializing in blenders, which are sold under

3965-486: 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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4030-488: 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

4095-508: The user. Handheld blenders are particularly used for small and specific tasks but do not have as many uses as a countertop blender. Countertop blenders are designed to mix, purée, and chop food. Their strength is such that the ability to crush ice is an expected feature. Blenders are used both in home and commercial kitchens for various purposes, including to: Blenders also have a variety of applications in microbiology and food science . In addition to standard food-type blenders, there are

4160-492: Was bought by the Groupe SEB , owner of Moulinex , T-Fal , Rowenta , and other home appliance brands. With the rising popularity of smoothies , Frappucinos and other frozen drinks prepared in front of the customer, new models of commercial blenders often include a sound-reducing enclosures and computerized controls. Specialized blenders for making smoothies are becoming popular, chiefly resembling an ordinary model with

4225-420: Was so effective that Vita-Mix decided to use the design in the company's commercial blending containers. In 2010 the United States court system concluded that Vita-Mix had willfully infringed the patents, ultimately awarding Blendtec $ 24 million in damages. A blender consists of a housing, motor, blades, and food container. A fan-cooled electric motor is secured into the housing by way of vibration dampers, and

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