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Every small business has some form of intellectual property associated with it. Intellectual property, or IP, is a valuable company asset. It comes in four types: trademarks, copyrights, patents ...
Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. [20] A service mark, also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. [21] The term trademark is used to refer to both trademarks and service marks. [20]
Trademark infringement occurs when a trademark is used by someone who does not hold that trademark in a way that causes actual confusion or a likelihood of confusion between the marks. Specifically, the Act prohibits the use of marks that are "likely to cause confusion, or to cause a mistake, or to deceive".
Trademark infringement occurs when one party uses a trademark that is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services of the other party. In many countries, a trademark receives protection without registration, but registering ...
Under current Australian law, although it is still a breach of copyright to copy, reproduce or adapt copyright material for personal or private use without permission from the copyright owner, owners of a legitimate copy are permitted to "format shift" that work from one medium to another for personal, private use, or to "time shift" a ...
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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