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The Lanham Act defines federal trademark protection and trademark registration rules. The Lanham Act grants the United States Patent and Trademark Office ("USPTO") administrative authority over trademark registration. State law continues to add its own protection, complementing (and complicating) the federal trademark system.
In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. Before its enactment, trademarks relied solely on protection under state-level common law. [4 ...
The Trademark Act of 1905 imports the rules of practice and procedure that govern appeals of patent applications, and so authorizes a trademark owner to bring a suit in equity following an unsuccessful trademark cancellation appeal; and under the Trademark Act, both parties to a trademark cancellation interference have the right to appeal a ...
The Federal Trademark Dilution Act of 1995 (Pub. L. 104–98 (text)) is a United States federal law which protects famous trademarks from uses that dilute their distinctiveness, even in the absence of any likelihood of confusion or competition. It went into effect on January 16, 1996.
Trademark law dates back to the age of President Ulysses S. Grant starting in the late 19th century with the Trademark Act of 1870. The Trademark Act of 1870 was the first trademark act passed in the nation and grounded trademark protection into Article 1 of the U.S. Constitution. The act covered many different aspects of trademark law but ...
Download as PDF; Printable version; In other projects ... The Trade Mark Act of 1870 ... and ruled unconstitutional because that clause did not cover trademarks. ...
The Prioritizing Resources and Organization for Intellectual Property Act of 2008 (PRO-IP Act of 2008, H.R. 4279, S. 3325, Pub. L. 110–403 (text)) [1] is a United States law that increases both civil and criminal penalties for trademark, patent and copyright infringement. The law also establishes a new executive branch office, the Office of ...
The Trademark Dilution Revision Act of 2006 (H.R. 683, Pub. L. 109–312 (text)) was a law passed in the United States covering trademark law, and specifically dealt with trademark dilution. The act amended the Trademark Act of 1946 and the later Federal Trademark Dilution Act, and was passed through the United States House of Representatives ...
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