Since trademark rights arise out of use (as opposed to registration), trademark protections remain in place so long as the mark is in use in commerce. The United States Patent and Trademark Office (USPTO) requires regular post-registration maintenance to maintain a federal registration.
Read MoreTrademarks rights – which arise out of use and are protected by common law as well as federal registration – are enforced through a number of strategies, including cease and desist letters, UDRP proceedings, litigation in federal court and, in some cases, working with U.S. Customs and Border Control.
Read MoreA domain name is capable of infringing a trademark, however, the specific use and context of the domain name can affect the analysis.
Read MoreYes, trademarks generally consist of a word, phrase, and/or design, so they absolutely can include a slogan or phrase, provided the slogan or phrase is used as a trademark. Read post for a discussion of trademarking slogans and phrases.
Read MoreRead for a list of defenses that may asserted in a trademark infringement case, including statute of limitations, descriptiveness, fraud on the USPTO, and license.
Read MoreA trademark protects brand goodwill by securing exclusive rights to names, logos, or designs that identify your goods or services and prevent consumer confusion.
Read MoreTrademark infringement damages are those monetary recoveries available to a trademark owner whose mark is used in an unauthorized manner in association with goods or services.
Read MoreTrademarks serve as "source identifiers" for products or services, typically in the form of a word, phrase, or design, but sometimes can be a sensory mark such as a color, sound, or scent.
Read MoreSince very early in history, symbols have been used to signify the source of a good or service (e.g., branding cows to designate ownership).
Read MoreDiscover essential trademark management tips to help protect, maintain, and maximize the value of your intellectual property portfolio.
Read MoreOpportunistic and unscrupulous people use many of these same tools to sell counterfeit goods and trade on the good names and strong brands of others.
Read MoreWhat are trademark infringement damages under the Lanham Act? Read for a discussion of possible trademark damage types and how they are determined.
Read MoreThe Lanham Act has a specific provision for treble damages in instances where a counterfeit mark has been used.
Read MoreThe Trademark Electronic Search System (“TESS”) is a public online database that can be used for searching United States Patent and Trademark Office (“USPTO”) pending and registered trademarks.
Read MoreLearn the basics of trademark registration, including the benefits of federal protection, the ® symbol, and why registration offers stronger legal rights.
Read MoreRegistering a trademark is an important part of building a brand and growing name recognition. Learn about the most common trademark registration mistakes.
Read MoreProtecting a trademark means safeguarding the goodwill it holds, the value from consumers that makes them choose your products over competitors.
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