Experienced Representation on Trademark Matters
Frequently Asked Questions
What is a trademark?
A trademark is a distinctive word, phrase, symbol, logo, design, image or some combination thereof, used to uniquely identify and distinguish one's goods or services from those of another.
How do I obtain rights in a trademark?
By using it in connection with the sale or provision of goods or services. Even unregistered trademarks are entitled to some legal protection.
What are some of the benefits of federal trademark registration?
Nationwide protection and priority
Presumption of validity
Broader array of available damages remedies in federal court
Incontestable status after five years of continuous, uncontested use.
User of the ® symbol
Deterrence.
What kinds of marks are generally not entitled to protection?
Marks that the applicant never uses in commerce
Generic marks
Merely descriptive marks that have not, through prolonged or extensive use and publicity, acquired distinctiveness in the minds of consumers
Marks that customers are likely to confuse with other pre-established marks connected with the same or similar goods or services
Marks that are likely to dilute (blur or tarnish) a famous mark, whether or not the goods are related
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