WHAT IS TRADEMARK INFRINGEMENT?
202011.23
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WHAT IS TRADEMARK INFRINGEMENT?

Section 2(d) of the Trademark Act requires that the examining attorney refuse registration when an applicant’s mark, as applied to the specified goods or services, so resembles a registered mark as to be likely to cause confusion. In general, registration of confusingly similar marks to separate legal entities is barred by §2(d).  However, the Court…

WHAT IS TRADEMARK INFRINGEMENT?
202011.10
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WHAT IS TRADEMARK INFRINGEMENT?

What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. What will happen if someone sues me for trademark infringement A trademark owner who believes its…

INTERNATIONAL TRADEMARK REGISTRATION
202010.22
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INTERNATIONAL TRADEMARK REGISTRATION

INTERNATIONAL TRADEMARK REGISTRATION Madrid Protocol The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks — the Madrid Protocol — is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for trademark holders…

A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means
202009.15
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A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means

A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means A Sound Trademark Identifies and Distinguishes a Product or Service Through Audio Rather Than Visual Means Sound marks function as source indicators when they “assume a definitive shape or arrangement” and “create in the hearer’s mind an association of…

TRADEMARK APPLICATION FEES
202008.26
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TRADEMARK APPLICATION FEES

TRADEMARK APPLICATION FILING FEES The cost of attaining a trademark varies depending upon the selected filing, which initial application form is used, and the international class selections. Each of these filing options have specific requirements that impact the fee amount. There are certain factors used to calculate the filing fee for an initial application, and you should…

Improper Subject Matter for Design Patents
202007.23
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Improper Subject Matter for Design Patents

Improper Subject Matter for Design Patents Source: USPTO.GOV A design for an article of manufacture that is dictated primarily by the function of the article lacks ornamentality and is not proper statutory subject matter under 35 U.S.C. 171. Specifically, if at the time the design was created, there was no unique or distinctive shape or…

What is a Trademark Office Action
202007.20
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What is a Trademark Office Action

An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark. In an office action, an examining attorney may…