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Trademarks may also be registered at the state level. State registrations are less potent than federal trademark registration. But federal registration requires use of the mark in interstate commerce. If a mark is only used in one particular state, registration at the state level may be appropriate.
The right to request U.S. Customs and Border Protection officials to bar importation of goods bearing infringing trademarks; Provisions for treble damages, attorney fees, and various other remedies. Trademarks must be inherently distinctive, or have acquired sufficient secondary meaning, to be registered on the Principal Register.
The Lanham Act specifies available compensatory remedies, and they do not include attorney's fees; furthermore, attorney's fees are generally not recoverable without statutory or contractual provisions. United States v. Sealy, Inc. 388 U.S. 350: 1967: 6–1 Non-trademark: Anti-trust Majority: Fortas: Sherman Antitrust Act
Trademark Examining Attorney, 1987–90; Assistant to the Assistant Commissioner for Trademarks, 1990–92; TTAB Staff Attorney, 1992–99 B.A., University of Massachusetts Amherst ; J.D. magna cum laude , New England School of Law
If approved, the trademarks are registered on either the Principal Register or the Supplemental Register, depending upon whether the mark meets the appropriate distinctiveness criteria. This federal system governs goods and services distributed via interstate commerce, and operates alongside state level trademark registration systems. [81] [82 ...
A trademark examiner is an attorney employed by a government entity such as the United States Patent and Trademark Office (USPTO) to determine whether an applicant should be permitted to receive a trademark registration, thus affording legal protection to the applicant's trademark. [1]
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