Trademark Rights of Priority

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, Read more about Trademark Rights of Priority[…]

Trademark Priority

In the United States, subject to one exception, trademark rights arise from use in commerce, regardless of whether or not the mark is registered. The first user of a mark generally takes priority over all subsequent users with respect to use of the mark in that market. The first user of a mark in commerce, Read more about Trademark Priority[…]

Trademark Law

The “(r)” may be used if a trademark is registered with the United States Patent and Trademark Office (USPTO). The “TM” symbol may be used for a product that is not yet registered with the USPTO. The “SM” symbol may be used with a service that is not yet registered with the USPTO. Symbols that Read more about Trademark Law[…]

Trade Dress

Trade dress is governed by the same set of laws that protect unregistered trademarks. While traditional trademark law protects words or logos, trade dress law protects the total packaging and design of a product. Because trade dress often serves the same function as a trademark or service mark — the identification of goods and services Read more about Trade Dress[…]

Actual and Intended Use of Trademarks

Trademark rights are gained by actual use of a mark rather than by registration. Generally, the first party who uses a mark in commerce has the right to use the mark in that geographic area as well as in the natural zone of expansion for that geographic area. Any shipment of goods bearing the trademark Read more about Actual and Intended Use of Trademarks[…]

Trademark Fair Use

A registered mark does not prevent all use of the mark.  In some situations, another party may use someone else’s trademark to describe the qualities that the trademark represents rather than to use is as a source identifier.   For example, use of a descriptive phrase or common name may be fair use. Fair use of Read more about Trademark Fair Use[…]

Actual and Intended Use of Trademarks

Trademark rights are legal rights acquired based upon actual use of a mark rather than by registration. Generally, the first party who uses a mark in commerce has the right to use the mark in that geographic area as well as in the natural zone of expansion for that geographic area. Any shipment of goods Read more about Actual and Intended Use of Trademarks[…]

Trademarking Internet Domain Names

Generally, the United States Patent and Trademark Office (USPTO) has applied traditional trademark law to the examination of domain name service mark applications. A domain name qualifies as a mark when it is used in connection with the sale or advertising of goods or services. This includes all sites conducting e-commerce and also sites that Read more about Trademarking Internet Domain Names[…]

Trade Names vs. Trademarks

The term ”trade name” means any name used by a person to identify his or her business or vocation. ”Trade name” refers mainly to the corporate, partnership or other name of a business. The business may, in turn, market goods or services under one or more trademarks or service marks. Examples of Trade Names ”General Read more about Trade Names vs. Trademarks[…]

Federal Trademark Dilution

Federal Law protects trademarks from dilution from others. Recent changes to the federal law broadens the rights granted to famous trademarks under the Trademark Act of 1946 (also known as the Lanham Act). It strengthens the protection that famous trademarks are given by prohibiting dilution of the famous trademarks by third parties. Determining that a Read more about Federal Trademark Dilution[…]