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A trademark attorney frequently begins his or her career by joining a firm of trademark attorneys, or a firm of Intellectual Property attorneys with departments specializing in patent law, trademark law, and copyright law. Increasingly however, large multi-discipline law firms are establishing trademark practices. Trademark attorneys are also ...
The law firm performs trademark and patent prosecution, as well as litigation and Post-Grant Proceedings before the Patent Trial and Appeal Board (PTAB). The firm has been ranked first among law firms based on the number of utility patent applications filed per annum for 27 years.
Stallman advocates referring to copyrights, patents and trademarks in the singular and warns against abstracting disparate laws into a collective term. He argues that, "to avoid spreading unnecessary bias and confusion, it is best to adopt a firm policy not to speak or even think in terms of 'intellectual property'." [78]
Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
For example, in the United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration.
In the United States, the “functionality” doctrine exists to stop a party from obtaining exclusive trade dress or trademark rights in the functional features of a product or its packaging. The doctrine developed as a way to preserve the division between what trademark law protects and areas that are better protected by patent or copyright law.
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