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Nationwide trademark rights; A registered mark is presumed to be a valid trademark; The owner listed on the registration is presumed to be the true owner of the trademark rights; Presumption that the mark has not been "abandoned" through non-use; Access to Federal Courts for litigating trademark infringement "Incontestability."
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 ...
Trademark Act of 1881: 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 ...
In the context of trademarks, this expansion has been driven by international efforts to harmonise the definition of "trademark", as exemplified by the Agreement on Trade-Related Aspects of Intellectual Property Rights ratified in 1994, which formalized regulations for IP rights that had been handled by common law, or not at all, in member states.
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 ...
Trademark owned by Philips in the European Union and various other jurisdictions, but invalidated in the United States due to it being merely a descriptive term. [2] [3] [4] Aspirin Still a Bayer trademark name for acetylsalicylic acid in about 80 countries, including Canada and many countries in Europe, but declared generic in the U.S. [5] Catseye
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