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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 ...
Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
The Global Brand Database is a free-of-charge comprehensive online database developed and maintained by the World Intellectual Property Organization. It is a global resource for trademark information, providing users access to a vast collection of international trademark records. The database offers valuable insights and search tools to assist ...
A DBA filing carries no legal weight in establishing trademark rights. [17] In the U.S., trademark rights are acquired by use in commerce, but there can be substantial benefits to filing a trademark application. [18] Sole proprietors are the most common users of DBAs. Sole proprietors are individual business owners who run their businesses ...
The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at the UK Patent Office for the first time. [55] Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or ...
In contrast to federal registration, common law trademarks are usually enforceable only within the geographic region or locale where the trademark owner is using it in business. When an infringement occurs, an unregistered trademark owner may not be able to sue and collect damages or recover attorneys fees, unlike registered trademarks. [12]
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