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Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase. In principle, trademark law, by preventing others from copying a source-identifying mark, reduces the customer's costs of shopping and making purchasing decisions, for it quickly and easily assures a potential customer that this
The Lanham (Trademark) Act (Pub. L. 79–489, 60 Stat. 427, enacted July 5, 1946, codified at 15 U.S.C. § 1051 et seq. (15 U.S.C. ch. 22) is the primary federal statute governing trademark law in the United States.
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 ...
For example, in the United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration.
Fair use of trademarks is more limited than that which exists in the context of copyright. Many trademarks are adapted from words or symbols that are common to the culture, as Apple, Inc. using a trademark that is based upon the apple. Other trademarks are invented by the mark owner (such as Kodak) and have no common use until introduced by the ...
Trademark law in the United States was adopted from the common law of England and is part of the law of unfair competition.In 1925, an influential law review article described the dilution of trademarks through blurring where a product uses a name that is similar to a trademark and causes an erosion of its uniqueness. [2]
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