0
Does a trademark give the owner an exclusive right to use a word to distinguish a product?
Wiki User
∙ 9y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
How are trademarks granted?
Trademark is granted if it is able to distinguish the goods or services of a party and will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers with respect to the qualities of the product. One has to be the sole owner of the specific good and can impose legal authority to avoid unauthorized use of trademark or trademark infringement.
What is the meaning of First Sale Doctrine in regard to trademark or copyright law?
The "first sale" of a protected product is the only one the copyright owner can control. For example, a copyright owner of a book has the exclusive right to publish and distribute his book, but once a particular book is sold, he or she has no right to prevent anyone from advertising and selling the same book (i.e., that lawfully obtained copy) to others. Similarly, the owner of a patented invention in a product who sells the product to another person cannot prevent the buyer from reselling the product, and the owner of a trademark on a product cannot prevent a purchaser from truthfully advertising the same product for sale again, using the name brand (this is also sometimes called "fair use" of trademark). This does not apply to contractual distributorship channels where a manufacturer controls its distributors, but once the products are sold to the public, anyone at all can resell them to others.
The diffinition of trademark?
a trademark is A name, symbol, or other device identifying a product, officially registered and legally restricted to the use of the owner or manufacturer. A distinctive characteristic by which a person or thing comes to be known: the shuffle and snicker that became the comedian's trademark. To label (a product) with proprietary identification.
What does trademark and brand mean?
Trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others. A trademark is a proprietary term that is usually registered with the Patent and Trademark Office to assure its exclusive use by its owner or a distinctive mark or feature particularly characteristic of or identified with a person or thing. Brand is kind, grade, or make, as indicated by a stamp, trademark, or the like: the best brand of coffee. Hope dis help u in some way
How do I go about establishing a trademark?
a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office of a particular jurisdiction, e.g., the U.S. Patent and Trademark Office In many jurisdictions, trademark rights can be established through either or both means. Certain jurisdictions generally do not recognize trademarks rights arising through use. If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited. A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colourfully" similar to the "regi
Can you get sued if you remake a cartoon show Or make a new series to it?
Yes; the copyright owner has the exclusive right to create derivative works or authorize others to do so. There may also be trademark considerations.
What is a brand name given legal protection known as?
A brand name given legal protection is known as a trademark. Trademarks are used to distinguish the goods or services of one seller from those of others. This protection allows the owner to prevent unauthorized use of their brand name by competitors.
Federal Trademark Registration?
Trademarks are words, symbols or designs that are used to identify the goods of a manufacturer. To be granted trademark protection, a good must be used in commerce, or buying and selling, and it must be unique or distinctive. Trademarks are also referred to as brand names. The Lanham Act Enacted in 1946, the Lanham Act is a federal statute that governs federal trademark law. It prohibits actions such as false advertising, trademark infringement and dilution. Advantages of Federal Trademark Registration All trademarks do not need to be registered, but federal registration has advantages. Most importantly, the trademark owner’s claim receives notice across the nation, and evidence of ownership is obtained. Trademarks are also subject to the jurisdiction of the federal court system and can be used to obtain registration in other countries. To prevent the import of similar, foreign goods, the trademark may be filed with the United States Customs Service. Obtaining a Trademark Rights are acquired by being the first one to use the trademark in buying or selling, or by being the first one to register the trademark. An application for trademark registration, along with a trademark design, is filed online with the Patent and Trademark Office. A trademark examiner reviews the application, and a response is issued within four months. The application may be rejected if the mark is generic or deemed immoral. If the examiner rejects the registration, the trademark owner may file an appeal with the Trademark Trial and Appeals Board. Maintaining Rights To maintain the registration, the owner must use the mark in a lawful way. Rights will be lost if the trademark is abandoned and not active for three years. Also, rights are lost when a trademark becomes generic and no longer represents a distinctive product. Trademark Infringement and Dilution Infringement and dilution refer to a violation of trademark rights. The use of identical or similar marks on an identical or similar product causes consumer confusion and is referred to as trademark infringement. Trademark dilution occurs when a famous name is used on a product that has no connection to the product of the trademark owner. As a result, consumers are confused whey trying to determine which product the name represents. Trademark owners can sue responsible parties for using the mark in an unauthorized way. A qualified attorney who specializes in trademark law can explain specific rules and help with trademark registration.
What is the significance of TM in relation to trademark law?
"TM" indicates that a word, logo, or phrase is being used as a trademark to distinguish goods or services in commerce. It signifies that the owner is claiming rights to the mark, even if it is not registered with the trademark office. The symbol is a way to provide notice to others that the mark is being used in a trademark capacity.
What does it mean to infringe another persons trademark?
To infringe on a trademark means that you are using it in a way that is not allowed by the owner.
Difference between sole and sole and exclusive?
Sole distribution is the only retailer in one area allowed to sell a product. Exclusive distribution is where a seller carries only one producer's product and excludes similar products of different brand.
Trademark Violation Letter?
Get StartedThe owner of rights to a trademark or service mark (the "Owner") has an obligation to police those rights by stopping later users ("Violators") from using a confusingly similar mark. If such use by Violators is not stopped, the exclusive rights to the mark established by the Owner can become diluted or weakened, making future enforcement by the Owner more difficult. In extreme cases where a Violator's use is knowingly ignored, the Owner's rights can become completely lost and the mark may become unenforceable or it may become generic, that is, become part of the public domain. Of course, if a Violator is a direct competitor of the Owner and the Violator's use of the mark creates confusion in the marketplace, which results in loss of business to the Owner, the Owner will definitely want to take steps to stop such unauthorized use.The Trademark Violation Letter provides a template letter for an Owner to use to notify a Violator that the Violator is violating the Owner's trademark rights. This letter is not a necessary prerequisite to legal enforcement of exclusive rights to a mark. However, a Violator will sometimes adopt the mark without knowledge of the Owner's prior use and rights, and when the Violator is notified of the Owner's prior rights, the Violator may voluntarily discontinue its use of the confusingly similar name or mark. If so, the use of the Trademark Violation Letter has quickly accomplished the desired result without the expense of legal proceedings. If the letter does not produce satisfactory results, the Owner should promptly seek the assistance of an attorney.
