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

By Richard Stim, Stephen Elias

Logos -- the names and emblems that determine your enterprise, model and items available to buy -- are very important resources you have to select rigorously, then vigilantly protect. 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 must protect your creations. how one can:

choose marks that opponents can't copy
search for different marks that will clash with yours
register a reputation or different mark
protect and retain your marks' criminal strength
understand and unravel 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 legislations, and the newest registration methods.

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

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S. ) Also, a federal appeals court has ruled that a color combination (signifying different tensions in an exercise band) could be protected. (Fabrication Enters. v. 3d 53 (2d Cir. ) Colors may not be protected on the grounds that they are inherently distinctive. Rather, to obtain protection, the owner of a potential mark for color must establish that, given its use in the marketplace, consumers have come to associate the color with the owner’s products or services, as indeed was the case with the Owens-Corning pink fiberglass and the green-gold color for the dry-cleaning pads.

Unlike federal trademark registration, placement of a mark on most state registers confers few benefits other than an indication of when trademark rights in the mark were first claimed by the registrant. Because of the relative unimportance of state trademark registrations, we don’t devote the space to explaining how to handle them. However, if you want more information on your state’s trademark registration procedure and trademark laws, contact your state trademark registration office. com). Chapter 1 | A TRADEMARK PRIMER | 35 Not All Business Names Are Trademarks The most common method adopted by a new business to identify itself in the marketplace is its name.

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”).

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