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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
However, most jurisdictions may still allow such marks to be registered if the trademark owner can demonstrate, typically by reference to evidence of use, that consumers in the marketplace exclusively associate the mark, as used on the identified goods or in connection with the identified services, with a particular commercial origin or source ...
A defendant claiming fair use of a trademark does not have the burden of showing its use is not likely to cause confusion; Some consumer confusion regarding the origin of the goods or services is compatible with the fair use of a trademark. American Needle, Inc. v. NFL: 560 U.S. 183: 2010: 9–0: Non-Trademark: Antitrust Majority: Stevens ...
McDonald's presented evidence that it owned trademark rights in a family of marks beginning with the prefix “Mc,” that there was widespread public familiarity with that family of marks, and that survey evidence established that confusion was likely to occur from the use of the McDental name.
Most concurrent use proceedings result in a legal settlement between the parties. [12] Frequently, one party will surrender its concurrent use claim and instead receive a trademark license from the other party. In other situations, each party may agree to geographic limitations on its use of the mark at issue, which the TTAB will honor if the ...
Nominative fair use of a mark may also occur within the context of comparative advertising. [2] Under U.S. Supreme Court precedent, the fair use defense in trademark law is not precluded by the possibility of confusion. [3] However, courts may consider the possibility of confusion in analyzing whether a use is fair or not. [4]
In United States trademark law, the Principal Register is the primary register of trademarks maintained by the United States Patent and Trademark Office. It is governed by Subchapter I of the Lanham Act. Having a mark registered under the Principal Register confers certain benefits on the holder of the mark. Among them are:
The AOU must also include specimens that show the trademark used in commerce in connection with the goods or services identified in the application. Once the USPTO accepts an AOU, the application is converted into an actual use registration, with the date of filing of the ITU used as the priority date or the date of first use.
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