Category: Trademarks
  Trademark Infringement
We have and continue to handle many trademark infringement cases. To determine if it is a trademark infringement, the courts look at the following factors: 1. the strength of the mark; 2. the degree of similarity between the two marks; 3. the proximity of the products; 4. the likelihood that the...

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08-15-2011

  Federal Trademark Maintenance and Renewal
Use Affidavit is Required during 6th Year of Registration Incontestability Affidavit is possible after 5 years of continuous use from registration date Additional rights gained, including cutting off prior users rights Renewal Every 10 Years from initial registration date Must show use of the m...

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08-15-2011

  Trademark Five Year Statute of Limitations
After five years of registration, trademarks in the United States can no longer be challenged on the basis of a prior users rights in its mark

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08-15-2011

  Trademark Cancellation Actions
Cancellations are administrative proceedings where testimony and arguments are submitted to the Trademark Trial and Appeal Board for determination. Typically, the basis for a cancellation is the mark conflicts with a third partys rights in a mark. Many cancellation actions are brought on the basis...

Views: 637
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08-15-2011

  Trademark Oppositions
Oppositions are administrative proceedings where testimony and arguments are submitted to the Trademark Trial and Appeal Board for determination. Typically, the basis for an opposition is the third partys prior rights in either a registered or unregistered mark, and the likelihood of confusion and/o...

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08-15-2011

  What is the Intent to Use Notice of Allowance Period
What is the Intent to Use Notice of Allowance Period? This is only applicable to trademark applications that are filed on the basis of intent to use. Because U.S. Trademark law is based upon the commerce clause, lawful use in commerce needs to be demonstrated in order for a trademark application ...

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08-15-2011

  Trademark Examination Process
Trademark Examination Process After the application is filed, it is examined for registrability. Substantive examination is made to determine if the mark conflicts with a prior mark on the register, or if the mark is descriptive of the goods or services, among other things. If there is an issue, ...

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08-15-2011

  Explanation of trademark use in commerce
What is trademark use in commerce? It is the bona fide use of a mark in the ordinary course of trade. In the case of goods, the mark must appear on or in connection with the product or product packaging. In the case of services, the mark must appear in connection with the offering or rendering of th...

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08-15-2011

  Explanation of the Relative Strength of Marks
Relative Strength of Marks The cornerstone of trademark protection is that without proper policing the mark can become generic. (Asprin, Escalator, Cellophane) It is a duty of the trademark owner to prevent confusion in the marketplace and to protect its mark. Federal registration adds a number o...

Views: 885
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08-15-2011

  What are Trademarks and what are the different types of mark...
What are Trademarks: Trademarks are the symbols by which goods and services are identified and sold efficiently in the marketplace. Trademark law is essentially a consumer protection statute to prevent consumers from mistakenly purchasing the goods from one source believing them to come from other....

Views: 815
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08-15-2011


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