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 […]
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Use in intrastate commerce can satisfy the “use in commerce” requirement for a common law trademark. To qualify for federal registration, however, use in intrastate commerce alone is not enough. There must also be use in interstate or foreign commerce.
Yes, a domain name can be a trademark, but only if it functions as a brand identifier for a product or service. Merely reserving or registering a domain name with a registrar is not enough to establish trademark rights. To qualify as a trademark, it must be used as something more than just a web
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A business name is not necessarily a trademark. Merely using something as a business name does not count as “use in commerce” for a trademark. Business registration and/or internal use are not sufficient, either. To qualify as a use in commerce, the mark must appear on goods, labels, or in advertising that offer services to
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To qualify as a “use in commerce” for trademark purposes, a trademark must be used in a bona fide, ordinary commercial transaction. A token sale , that is, a sale that is made solely for the purpose of creating or preserving trademark rights, does not qualify as “use in commerce.” Sham transactions, such as pretended
A trademark comes into existence when a word, logo or other thing is used in commerce to identify the source of a product or service and distinguish it from others. In some countries, registration is necessary. In the United States, registration is not necessary. In the United States, a trademark arises automatically by use in
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A trademark is anything that is used in commerce to identify the source of a product or service and distinguish it from others.
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Copyrights protect creative expression. Trademarks protect brand identifiers. The owner of a copyright has an exclusive right to make certain kinds of uses of an original work of authorship, whether for commercial purposes or not. A trademark owner has an exclusive right to use a particular word, phrase, logo, etc. in commerce to identify the
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