Trademarks – Actual versus Intended Use
Trademark rights are gained by actual use of a mark rather than by registration. Generally, the first party who uses
Personal Names, Descriptive Terms, and Generic Words
The weakest and least-protected marks are personal names, descriptive terms, and generic words. Distinctive business names usually receive protection under
Using Sound as a Trademark
A trademark is a device which can take almost any form, as long as it is capable of identifying and
Trademark Law and Likelihood of Confusion
The purpose of trademark law is to prevent confusion in the minds of the consuming public as to the source
Protecting Generic Names under Trademark Law
A generic name is the common descriptive name of the product a trademark identifies. Generic names may not be protected
Infringement for Consumer Confusion
Trademark law seeks to proactively prevent consumer confusion; thus it does not require proof of actual consumer confusion in order
Establishing and Perfecting Trademark Rights
The legal basis for protecting trademarks derives from a combination of state common law and federal statutory law. Actual use
Trademark Licensing
A trademark license is a contractual arrangement whereby a trademark owner permits another to use the owner’s trademark under circumstances
Trademark Dilution 2006
In general, trademark infringement liability occurs when a mark is used in a way to create consumer confusion. This occurs
Trademarks and Secondary Meaning
To be treated as a trademark a mark must have a certain quantity of distinctiveness. A mark that is not