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A trademark right is not a right in gross like statutory copyright or patent—the trademark right, being attached to a business or trade, does not permit a trademark owner to merely enforce negative rights; The adoption of a trademark does not, by itself, reserve right of protection to territories where the owner has not already extended her ...
Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some ...
Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the owner. Courts have recognized that ownership of a trademark or service mark cannot be used to prevent others from using the word or symbol in accord with its plain and ordinary meaning, such as if the trademark is a descriptive word or ...
These provisions forbid the importation of goods that infringe registered trademarks, and restrict, through the use of injunctions and damages, the use of false descriptions and trademark dilution. § 43(a) ( 15 U.S.C. § 1125(a) ) is the "likelihood of confusion" standard for infringement of an unregistered trademark or trade dress, and courts ...
The Virginia Constitution of 1902 created the SCC to replace the Virginia Board of Public Works and the Office of Railroad Commissioner. The three-member Commission was charged with regulating the state railroads and telephone and telegraph companies and with registering corporations in Virginia. The SCC began operations on March 2, 1903.
The trademark owner must enforce their rights to preserve the trademark's distinctiveness, prevent trademark infringement, and avoid dilution. [91] Enforcement after registration generally involves: Border measures: Record registered trademarks with customs authorities, such as US CBP 's e-Recordation or the EU's Application For Action, to help ...
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