Trademark infringement cases of depend on certain “polaroid factors” which help judges decide whether there is a likelihood of confusion between two brands.
If you fail to object to an infringing trademark, the USPTO might consider your mark abandoned. This will cause you to lose your trademark and all associated protections.
A common law trademark is a type of legal protection you gain by using your name or logo in commerce in order to market your brand.
“Likelihood of confusion” is a term in trademark law which measures how likely it is for the average consumer to confuse the products or services of two brands.
Smells, sounds, shapes, colors, and movements have all been trademarked in the past. However, they all share one common element: brand distinctiveness.
The USPTO categorizes trademarks into 45 unique classes, which each relate to a particular group of products or services.
The Madrid Protocol is an agreement that lays the groundwork for all multinational trademark applications, making the process easier and cheaper.
Registering your first trademark can be hard. Luckily, this guide covers everything you need to know about registering your mark with the USPTO.
In the aftermath of the Supreme Court’s decision in Matal v. Tam, rules regarding the registration of disparaging trademarks have been overturned.
The Nice Agreement is an international system of classifying trademarks into one of 45 different categories, including both goods and services.
Trademarks, patents, and copyrights are all related types of intellectual property. However, they are viewed very differently in the eyes of business law.
Only with registration do you get the right to use the federal registration symbol ®. Registration is what gives your mark protection under trademark law.