On June 23, 2016 Britain voted in favor of leaving the European Union. However, Britain’s exit from the European Union, coined as “Brexit,” will be no small feat. According to Article 50 of the Lisbon Treaty the separation may not take effect for a few years while an exit agreement is being negotiated. Thus, the vote will have no immediate …
Use of Third Party Trademarks
U.S trademark laws require trademark owners to actively enforce their rights or risk losing them. As such, mark owners are obligated to employ solid enforcement strategies in an effort to enforce their rights against potential infringers. Despite having strong enforcement strategies, there have been instances where third parties have escaped liability for use of a mark without the mark owner’s …
Benefits of a Registered Trademark
There are several benefits to obtaining Federal trademark registration. A Federally Registered trademark not only provides nationwide protection but can obtain incontestable status after five years of continuous use. Incontestable status provides conclusive evidence of validity, ownership and the exclusive right to use the mark with the registered goods. Some of the benefits of a registered trademark are listed below. …
Overview: The U.S. Trademark Application Process
Trademarks are used to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of those goods. While trademark protection may be acquired under common law by use of the mark such that it acquires distinctiveness in the minds of consumers, seeking federal registration for a mark where possible is usually a …
A Trademark ≠ A Business Name
There is a misconception that registering a business name with the state provides unlimited rights to use the name in connection with your brand. However, a business name ≠ a trademark. Thus, a company that registers a business name alone may not have any rights to prevent another from using the same name in connection with their brand. Registering a business name with …
Brand Protection: Counterfeit, Knockoffs & Parallel Imports
Counterfeiting The term counterfeit is defined as something made in imitation of something valuable or important with the intention to deceive or defraud. Counterfeiting is illegal, punishable in most countries both criminally and civilly. With their factories producing 67% of the worlds supply, China leads the world in sales of counterfeit goods. When it comes to counterfeiting, money and luxury goods …
Preventing The Loss of Your Trademark Rights
Trademark rights may be granted for the actual use of a mark or for the bona-fide intent to use a mark as a source identifier of goods and services in commerce. However, where adequate precautions are not taken these rights can be lost. Loss by non-use In the United States, if a trademark owner discontinues use of their mark without …
