What is a Service Mark? A service mark (or servicemark) is just like a trademark but it is used in connection with services. A trademark is typically used in connection with goods. A mark is the general term for both a service and a trademark. Generally, service marks relates to companies who provide services instead of Read more about 101 Series – Service Mark[…]
Simon Tam, lead singer of the Asian-American rock group “The Slants,” chose the derogatory term intentionally. Tam wanted to reclaim the racial slur and turn it into a name to be proud of. However, the Patent and Trademark Office (PTO) denied registration, calling the group’s mark “disparaging” under trademark law. On June 19, 2017, the Read more about SCOTUS: ‘The Slants’ Trademark Gets First Amendment Protection[…]
A “trademark” (less commonly called a “service mark”) can be a single word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. Some trademarks are a combination of words and symbols, and many evolve over time. For example, Target’s trademark has become a red bull’s eye, now widely recognized by Read more about The Importance of Trademark Goodwill[…]
Charlie Sheen has recently filed 22 Trademark Applications related to many of his catchphrases, including “Duh, Winning” and “Tiger Blood,” according to reports.
Understanding Patent Law Patent protection is provided by federal law through the United States Patent and Trademark Office (USPTO) and gives a patent owner the right to exclude others from making, using, selling, distributing or importing the subject of the patent for a certain period of time. Only certain things may be patented, and there Read more about February 2010[…]
A copyright owner’s right of distribution is limited by the first sale doctrine, which is an exception to the Copyright Act. The first sale doctrine is a legal principle that limits the rights to control content after a work has been sold for the first time. The first sale doctrine states that once a copyright Read more about The First Sale Doctrine under Copyright Law[…]
There are standards that must be met for admissibility of expert testimony in trademark infringement actions. Experts may have their methods challenged before they take the stand. Expert testimony may be excluded as speculative and unreliable if an expert’s methods are not based on sufficient facts or data, are not reliable, or are not applied Read more about Trademark Infringement Litigation[…]
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 Use in Commerce[…]
After a patent is issued by the United States Patent and Trademark Office (USPTO), the discovery of prior art or publications not noticed prior to the patent’s issue may raise questions as to the validity of the issued patent. In such a case, a patentee or a third party may file an application for reexamination Read more about Reexamination of Patents[…]