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A trademark (also written trade mark or trade-mark) is a form of intellectual property that consists of a word, phrase, symbol, design, ...
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]
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 ...
Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. They may be sometimes called intellectual rights. See outline of patents for a topical guide and overview of patents.
Subsequent federal laws proved ineffective, leading to confusion and inadequate safeguarding of marks. Trademarks persisted indefinitely, even if unused. The Lanham Act emerged as a long-awaited solution, aiming to comprehensively regulate the creation and utilization of trademarks, offering protection to both trademark owners and consumers. [5]
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.
INTA was originally known as the United States Trademark Association (USTA), which was established in 1878 in New York City by 17 merchants and manufacturers to protect and promote the rights of trademark owners, secure useful legislation, and give aid and encouragement to all efforts for the advancement and observance of trademark rights.
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