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Category: Trademark Law

Trademarks Resources

June 15, 2020 | by | Trademark Law

A trademark is a word, phrase, symbol or design, or combination thereof, which identifies and distinguishes the source of the goods or services of one party from those of others. A service mark is closely related, except that it serves to identify and distinguish the source of services rather than […]

Trademark Parody

November 28, 2018 | by | Trademark Law

By Leslie J. Lott When you strike at a king, you must kill him. Ralph Waldo Emerson (1803-1882) I. Introduction Engaging in trademark parody is a little like striking at a king. You had better be good at it, because if you attempt and fail, you are in trouble. Parody is […]

Purpose of Trademark Law

November 20, 2018 | by | Trademark Law

Trademark law is designed to protect the consumer goodwill which merchants develop through the use of trademarks and service marks. This goal is achieved by preventing would-be infringers from using similar marks which could confuse consumers into thinking that these goods or services originate from the original mark owner. A […]

Categories of Marks

November 20, 2018 | by | Trademark Law

There are four basic categories of marks. These include fanciful and arbitrary marks, suggestive marks, descriptive marks, and generic terms. Fanciful marks, such as EXXON® and XEROX®, are completely made-up. Arbitrary marks in no way describe the goods or services they are meant to identify. Examples of arbitrary marks include […]

Trademark Searches

November 20, 2018 | by | Trademark Law

A trademark search is recommended prior to use of the mark to ascertain whether the mark is likely to cause consumer confusion with an already existing mark. A search serves to ensure the validity of the mark. It is also important to keep in mind that trademark infringement does not […]

Trademark Notice

November 20, 2018 | by | Trademark Law

A trademark may be identify by placing the designation ™ adjacent to it (“sm” is sometimes used for a service mark). While this designation does not indicate that the mark is federally registered, it gives the public notice that trademark rights are claimed. The statutory notice® indicates that a mark […]