How do you get around a trademark law?
How do you get around a trademark law?
Here are five steps small business owners can follow to avoid a trademark infringement lawsuit:
- Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked.
- Enlist help.
- Consider general liability insurance.
- Register your trademark.
What does trademark law seek to protect?
A Trademark protects different aspects of a brand like a logo, shape, device, colour, word or even a sound. The mark acts as a source identifier of the business, and differentiates its goods/services from those of others.
Can you challenge a trademark?
You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).
What are the benefits of trademark law?
Securing a registered trademark protects your brand, and provides you with the tools to prevent someone using similar signs and riding off the back of your business. If you do not protect your trademark by registering it, then you may find you are legally prevented from expanding your business.
What are the remedies for infringement of a trademark?
Some of the most common legal remedies for trademark infringement include:
- Monetary compensation. The classic legal remedy in any type of litigation is monetary compensation.
- Court-ordered injunction.
- Court-ordered forfeiture or destruction of the infringing goods.
- Payment of plaintiff’s attorneys’ fees.
Which is not protected by trademark laws?
Logos, pseudonyms, and trade dress are all protected by trademark laws. However, book titles are rarely protected under trademark law because of judicial reluctance to protect titles that are used only once.
How do you protect a trademark?
The 5 Things You Must Do to Protect Your Trademark
- Do Your Homework. The USPTO won’t register your trademark if there is a “likelihood of confusion” with another registered trademark.
- Prepare and File a Trademark Application.
- Respond Promptly to Office Actions or Oppositions.
- Monitor Your Trademark.
- Maintain Your Trademark.
What are the disadvantages of trademarks?
Disadvantages of Descriptive Trademarks
- Not Qualifying for Registration on the Principal Register.
- Descriptive Trademarks are Weak Marks.
- The Trademark Registration Process May Cost More.
- Your Marketing and Advertising Costs Will Increase.
- Litigation Can Be Risky, Uncertain, and Expensive With a Descriptive Mark.
What is the difference between trademark infringement and trademark dilution?
Dilution is therefore different from trademark infringement, because trademark infringement always involves a probability of customer confusion, whereas dilution can occur even if customers wouldn’t be misled.
Should I get a trademark or copyright?
A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company’s intellectual property, such as your logo.
How long does trademark protection last?
ten years
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How do I settle a trademark infringement?
If the trademark owner is able to prove infringement, available remedies may include the following:
- a court order (injunction) that the defendant stop using the accused mark;
- an order requiring the destruction or forfeiture of infringing articles;