Basic information about trademarks
It is possible to lose trademark rights by failing to enforce them. Failure to enforce trademark rights does not automatically invalidate the trademark. but allowing infringing uses can dilute the distinctiveness of a trademark or lead to it becoming generic. To remain viable as a trademark, it must operate to distinguish a product or service […]
Will I lose my trademark if I don’t enforce it? Read More »
The presumption of abandonment that arises from three consecutive years of nonuse may be rebutted by proof of intent to resume use. Simply asserting an intention to resume use at some indefinite time in the future, however, probably will not be enough to overcome the presumption. The presumption may be overcome by providing a valid
What does it take to overcome the presumption that a trademark has been abandoned? Read More »
Yes. The maxim, “Use it or lose it ” applies to trademark law. Trademark rights continue only so long as all five criteria for the existence of a valid trademark continue to be met. Those criteria are: (1) a word, symbol or other thing; (2) use in commerce; (3) functions as an identifier of the
Can trademarks be abandoned? Read More »
A trademark lasts for as long as it continues to satisfy the five criteria for a valid trademark. It is important to distinguish between registration of a trademark and the existence of the trademark. Rights incident to the registration of a trademark can be lost by failing to renew the registration or through cancellation of
How long does a trademark last? Read More »
Possibly, but not necessarily. Using another company’s trademark as a brand identifier for a different kind of product or service is usually permissible because it is not likely to confuse consumers about the source of the product or service. Consumers generally do not assume that a business sells completely different kinds of products and services.
Using the same or a similar trademark for similar products or services may be likely to confuse consumers about the source of the products or services even if they are technically different kinds of products or services, so this kind of use may result in liability for trademark infringement. Likelihood of confusion may exist if
Making minor changes to an existing trademark, such as by altering the spelling, adding or removing a punctuation mark, putting a circle around it, etc. is not likely to remove or lessen potential consumer confusion about the source of a product or service. MICROWSOFT and MICRASOFT, for example, are not likely to be enforceable as
To be valid, a trademark must not only identify the source of a product or service, but it must distinguish it from those of competitors. Trademark rights cannot be enforced if the trademark is confusingly similar to another trademark that is being used to market the same, similar or related kinds of products or services.
What is the significance of “likelihood of confusion” in trademark law? Read More »
A fanciful mark is a made-up word, design, etc. EXXON is an example. It is a word that has no meaning and serves no purpose in language other than as the name of a business and the source of the products the business sells. Fanciful marks are inherently distinctive.
What is a “fanciful” trademark? Read More »
An arbitrary mark is an actual word or thing, but one that bears no logical relationship to the product or service to which it relates. APPLE as a trademark for computers is an example. Arbitrary marks are inherently distinctive.
What is an “arbitrary” trademark? Read More »
