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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 Also, rights are lost when a trademark becomes generic and no longer represents a distinctive product.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.
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What is the of a federal trademark registration?
The term of a federal trademark registration is ten years, with ten-year renewal terms.
What is the term of a federal trademark registration?
In the United States, a federal trademark registration can have an initial term of 10 years from the date of registration. However, trademark owners have the opportunity to renew their trademark registrations indefinitely as long as they continue to use the mark in commerce and follow the renewal requirements. To maintain a federal trademark registration, trademark owners must file a Declaration of Use (or Excusable Nonuse) under Section 8 of the Lanham Act between the 5th and 6th year after registration and then renew the registration by filing both a Declaration of Use (or Excusable Nonuse) and a renewal application under Section 9 of the Lanham Act between the 9th and 10th year after registration. After the initial 10-year term, this renewal process must be repeated every 10 years to keep the trademark registration in force. It's important for trademark owners to stay on top of these renewal deadlines to ensure the continued protection of their trademarks. Failure to renew a trademark registration can result in the loss of trademark rights.
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.
Aportstorage This trademark is owned by Harris Danny Martin?
On Wednesday, April 21, 2010, a U.S. federal trademark registration was filed for APORTSTORAGE. This trademark is owned by Harris Danny Martin
How long does it take for a trademark to lapse if not used?
If it was NEVER used then it was never a trademark and lapsed immediately. If if was used and then no longer used, then the amount of time to find it has lapsed may depend upon how long it would take for the consumers to forget who originally owned it. As for a US federal trademark registration, the registration will automatically lapse after six years unless a statement of use (and fees) is timely submitted, or after ten years if not renewed. The fact that a registration has lapsed does NOT mean the trademark has lapsed, as the owner of a trademark may have proprietary rights that transcend those provided by registration.
How can you protect trademarks?
According to the US Patent and Trademark Office:Owning a federal trademark registration on the Principal Register provides several advantages, including:Public notice of your claim of ownership of the mark;A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;The ability to bring an action concerning the mark in federal court;The use of the U.S. registration as a basis to obtain registration in foreign countries;The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;The right to use the federal registration symbol ® andListing in the United States Patent and Trademark Office's online databases.
What rights do you have in your trade name?
Owning a federal trademark registration on the Principal Register provides several advantages, including:Public notice of your claim of ownership of the mark;A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;The ability to bring an action concerning the mark in federal court;The use of the U.S. registration as a basis to obtain registration in foreign countries;The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods;The right to use the federal registration symbol ® andListing in the United States Patent and Trademark Office's online databases.
In which court can be appeal a trademark and copyright case?
Depends upon what court the action originates in. If a trademark case is brought in state court, a state court of appeals would hear the appeal. If a copyright license case is in state court, same rule. If a copyright or trademark case is in federal court, then a federal circuit court of appeals would hear it. If it is a case of a trademark registration appeal, it would be taken to the Trademark Trials and Appeals Board and could end up in the Court of Appeals for the Federal Circuit (CAFC).
What are the benefits of federal trademark registration?
There are numerous benefits to having a federal trademark registration:It gives you national priority for that brand on the registered goods or services and related businesses;Federal registration prevents others with similar brands from registering - the examiners will automatically reject "confusingly similar" brands;You have more inherent clout when sending preliminary "cease and desist" letters;Your registration shows up in any preliminary search by others in the process of selecting a brand;The information in the registration clearly states your date of priority, making proof of priority less subjective;You are allowed to use ® on your brand;Federal courts are more receptive to your infringement claims;Increased chances of obtaining damage awards in federal courts;Ability to prevent others from importing infringing articles;Federal registration provides the basis for international expansion using Madrid Protocols or otherwise leveraging your federal registration;
Is a trademark search necessary?
Conducting a trademark search is an essential and prudent step when considering trademark registration. This process helps you identify if a similar or identical trademark is already in use or registered by another entity. By doing so, you can avoid conflicts and legal disputes that might arise later, potentially saving you time and money. Many trademark offices require applicants to confirm that they have conducted a thorough search before submitting their registration application. Failing to perform a search can lead to the rejection of your application. Furthermore, a trademark search ensures that your chosen trademark is unique and legally protectable, preventing potential confusion among consumers and protecting your brand's reputation and investments. It's often advisable to seek professional assistance, such as a trademark attorney, for a comprehensive and accurate trademark search.
Is your company name protected if you don't trademark the name?
You have some trademark protection if you use the mark in commerce (simply affixing it to goods or services which you sell), and registration is not strictly necessary to protect trademark rights. If you have an unregistered trademark, you can still sue another company for trademark infringement if they use your company name on their products or services, or use one which is similar enough that consumers are likely to be confused. However, if you file for registration (an experienced trademark attorney can make this much easier, as there are many pitfalls which can make TM registration difficult for laypersons), and the registration is granted, and you continue to use the trademark for 5 years without opposition, it becomes incontestable. Once a mark is incontestable, a defendant in a trademark infringement suit will not be able to argue that the trademark was ineligible for registration in the first place (such as by claiming your trademark is merely descriptive), even if it was. This means the defendant will have to hope that a court finds that there was no likelihood of confusion. In addition to federal trademark law, most states have laws governing unfair competition. You might also be able to sue another company for that, if you think they are appropriating your company's name, logo, or other means of identification.
When was the Microsoft trademark registered?
Yes, It is a registered federal trademark in the United States, You can Search the Entire Federal Trademark Database free, here: Trademarks411.com | Trademark Search OnlineHope it will helpThanks
