Trademark Law

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What is secondary meaning in trademark law?

Secondary meaning in trademark law arises when consumers have come to identify a trademark with a specific product over time. When this happens, a descriptive mark that a business would not have been able to register initially may achieve trademark status. To learn more about trademark law and secondary meaning, click here.

Secondary meaning in trademark law arises when consumers hav...

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What is the scope of protection for a trademark?

For specific goods like perfume, soap, or automobiles, the scope of protection for a trademark should be narrowly applied to the marketing area of the product. However, with licensors licensing famous trademarks for a plethora of products, that narrow scope of protection has expanded broadly in recent years. Are a perfume trademark and an automobile trademark likely to cause confusion if similar names are used? As an example of this kind of potential trademark confusion, Harley Davidson Motorcycle Company is licensing its name for a perfume.

For specific goods like perfume, soap, or automobiles, the s...

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What are the different types of marks?

The word 'trademark' actually applies to several types of business marks. These include: trademarks, service marks, certification marks, and collective marks.

The word 'trademark' actually applies to several types of bu...

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Is there a danger that my trademark can become generic?

Yes, there is a danger that a trademark can become generic. A trademark becomes generic when it loses its uniqueness. Generally, this means it is used so much in the everyday that it loses the special qualities that made if worthy of being a trademark in the first place.

Yes, there is a danger that a trademark can become generic. ...

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What are the benefits of marking?

Marking provides certain procedural advantages to the owner when attempting to enforce a trademark. You cannot obtain lost profits and damages if you don't use the notice. However, marking need not be made each and every time the trademark is used. It need only be used in a fair representative number of cases.

Marking provides certain procedural advantages to the owner ...

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How can I buy or use a trademark that is already on the register?

When it comes to obtaining the perfect trademark, it's best to view it in terms of a business negotiation wherein your trademark is a form of owned property. When you think of trademarks in this regard, you'll see there are a number of possibilities for obtaining existing marks from the registry.

When it comes to obtaining the perfect trademark, it's best ...

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How are trademark infringement damages calculated?

If you find that a competitor is using your trademark or a symbol, design or logo similar to yours, you can sue for trademark infringement. For a court to allow a trademark infringement lawsuit, the standard is'likelihood of confusion.' This happens when another party uses a trademark in connection with the sale of a good in a way that will confuse the public about the producer or source of a good.

If you find that a competitor is using your trademark or a s...

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What if I license others to use my trademark?

Trademarks, similar to other forms of intellectual property, can be licensed to whomever you want. Proper licensing requires signed contracts detailing the terms of the trademark license. If your business has reached a point of growth that exceeds your manufacturing or supervisory ability, it is time to license others to use your trademark.

Trademarks, similar to other forms of intellectual property,...

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