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Patent law, not trademark, protects useful processes, machines, and material inventions. Patented designs are presumed to be functional until proven otherwise. [4] Aesthetic functionality provides grounds to deny trademark protection to design features which are included to make the product more aesthetically appealing and commercially desirable.
An "earlier invention" defense for business method patents – 35 U.S.C. §273; Publication of US patent applications for foreign published applications – 35 U.S.C. §122; Patent term restoration for delays caused by the Patent and Trademark Office – 35 U.S.C. §154; The Request for Continued Examination (RCE) patent prosecution procedure; and
Protection against unfair competition supplements the protection of inventions, industrial designs, trademarks and geographical indications. It is particularly important for the protection of knowledge, technology or information that is not protected by a patent but that may be required in order to make best use of a patented invention. [15]
A trademark is a word, phrase, or logo that identifies the source of goods or services. [1] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods ...
In 2020, trademark applications marked the sharpest declines and inclines in American history. During the spring, COVID-19 lockdowns led to reduced filings, which then increased in July 2020 to exceed the previous year. August 2020 was subsequently the highest month of trademark filings in the history of the U.S. Patent and Trademark Office. [92]
Trademark infringement occurs when a competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. [ 8 ] [ 98 ] This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards ...
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