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[…]
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[…]
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[…]
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 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[…]
A trademark is a device which can take almost any form, as long as it is capable of identifying and distinguishing specific goods or services. A trademark may be a word, name, symbol, or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the Read more about Using Sound as a Trademark[…]
With the proliferation of online business and advertising in the 1990s, the demand for domain names (Internet addresses) that are in some way relevant to a website’s source or content increased dramatically. The pool of available domain names rapidly began to disappear as people scrambled to register popular names, resulting in legal disputes over the Read more about Cybersquatters Attempt to Profit from the Trademarks of Others[…]
If you are selling your own products or are providing a particular service, you most likely have a business name, plus a special design or logo associated with your business name. You may think either a copyright or a trademark registration will provide the necessary protection to keep others from using your business “identity.” However, Read more about Differences Between Copyrights & Trademarks[…]