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 …
