Get Trademark: Legal Care for Your Business & Product Name PDF

By Richard Stim, Stephen Elias

ISBN-10: 141331256X

ISBN-13: 9781413312560

Logos -- the names and emblems that establish your enterprise, model and items available on the market -- are very important resources you should pick out conscientiously, then vigilantly safeguard. you could shield:

business names
product names
product packaging
domain names
anything that identifies your organization, services or products!

With Trademark , you get the main updated info you want to protect your creations. how to:

choose marks that opponents can't copy
search for different marks that may clash with yours
register a reputation or different mark
protect and retain your marks' felony strength
understand and get to the bottom of disputes open air the court

Thoroughly up-to-date, the ninth variation of Trademark offers the most up-tp-date details on domains, adjustments to trademark statutes and case legislation, and the most recent registration strategies.

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Additional info for Trademark: Legal Care for Your Business & Product Name

Sample text

Or perhaps a fanciful arrangement of the words and letters, such as MI CRO SOFT The answer to all these questions is no. Why? A mark that is similar to another only in sound, appearance, or meaning is still similar and therefore likely to confuse potential customers. However, the weaker the original mark is, the less concerned the courts will be about possible Chapter 1 | A TRADEMARK PRIMER | 29 customer confusion and the more acceptable changes in appearance, sound, or meaning will be as a way to distinguish one ordinary mark from another.

Although there are subtle differences in all these sources of law dealing with how businesses use commercial identifiers, federal trademark statutes and cases govern most trademark disputes. ) Here, briefly, are some basic concepts of federal trademark law that you will need to understand before we go any farther (we provide more details as we go along): • The first business to use a trademark in the marketplace owns it as against later users. Chapter 1 | A TRADEMARK PRIMER | 23 • To qualify as a trademark, a name, logo, or other device used by a business in its marketing activities must either: (1) be unique enough to earn customer recognition on its own (referred to in trademark law as inherent distinctiveness) or (2) have earned customer recognition through its continued use over time (known in the trade as “acquired distinctiveness” or “secondary meaning”).

44 | Trademark: Legal Care for your Business & Product Name Inherent Distinctiveness Some types of trade dress may be considered distinctive simply on the basis of the trade dress itself (inherent distinctiveness). S. Supreme Court found that a Mexican restaurant chain’s decor could be considered inherently distinctive because, in addition to murals and brightly colored pottery, the chain also used a specific indoor and outdoor decor based upon neon-colored border stripes (primarily pink), distinctive outdoor umbrellas, and a novel buffet style of service.

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Trademark: Legal Care for Your Business & Product Name by Richard Stim, Stephen Elias

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