This is much the same here, LTM and an excellent point. Here is the definition in the US:
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. That's it.
I can still find no Patent for this product either. Hmmmmmmm
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