What is secondary meaning in trademark law?
Secondary meaning in trademark law arises when consumers have come to identify a trademark with a specific product over time. When this happens, a descriptive mark that a business would not have been ...
Trademark Law
What is the scope of protection for a trademark?
For specific goods like perfume, soap, or automobiles, the scope of protection for a trademark should be narrowly applied to the marketing area of the product. However, with licensors licensing famous...
What are the different types of marks?
The word 'trademark' actually applies to several types of business marks. These include: trademarks, service marks, certification marks, and collective marks....
Is there a danger that my trademark can become generic?
Yes, there is a danger that a trademark can become generic. A trademark becomes generic when it loses its uniqueness. Generally, this means it is used so much in the everyday that it loses the special...
What are the benefits of marking?
Marking provides certain procedural advantages to the owner when attempting to enforce a trademark. You cannot obtain lost profits and damages if you don't use the notice. However, marking need not be...
How can I buy or use a trademark that is already on the register?
When it comes to obtaining the perfect trademark, it's best to view it in terms of a business negotiation wherein your trademark is a form of owned property. When you think of trademarks in this regar...
How are trademark infringement damages calculated?
If you find that a competitor is using your trademark or a symbol, design or logo similar to yours, you can sue for trademark infringement. For a court to allow a trademark infringement lawsuit, the s...
What may not serve as a trademark? What is not registerable?
What may not serve as a trademark? What is not registerable?...
Is a canceled trademark available for registration?
Yes, a cancelled trademark is available for registration....
What if I license others to use my trademark?
Trademarks, similar to other forms of intellectual property, can be licensed to whomever you want. Proper licensing requires signed contracts detailing the terms of the trademark license. If your busi...
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