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Intent to show confusion is also relevant; hence, as a general rule the trademark should be used no more than necessary for the legitimate purpose. [5] By the same token, use of a word mark is preferred to a logo, and a word mark in the same style of type as surrounding text is preferred to a word mark in its trademarked distinctive type.
A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods ...
Do not capitalize the word the in a trademark (see WP:Manual of Style/Capital letters § Institutions, and § Capitalization of The) regardless how the name is styled in logos and the like, except at the beginning of a sentence. [c] Titles of published works do have an initial The capitalized; bands and the like do not. Rarely, an exception may ...
Frank J. Zamboni & Co., Inc. has taken a strong stance against its trademark dilution, the Zamboni name being used as a genericized trademark for ice resurfacers; [232] the company holds a registered trademark on the design and configuration of the Zamboni Ice Resurfacer by the U.S. Patent and Trademark Office. [233] Zeppelin: Rigid airship
The nominative use doctrine was first enunciated in 1992 by the U.S. Court of Appeals for the Ninth Circuit in New Kids on the Block v. News America Publishing, Inc. [4] In New Kids on the Block, the court had examined a "New Kids on the Block survey" performed by the defendant, and found that there was no way to ask people their opinion of the band without using its name.
In Indian trademark law, the first user of an unregistered trademark has priority over a later user who registers the trademark if it can be proven that first use predated trademark registration. [7] Registering a trademark gives the owner the exclusive right to use it, unless another entity's prior use can be established.
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