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EPGD Law Blog

Tag: intellectual property law
EPGD Law Intellectual Property Law
Intellectual Property Law
Eric Gros-Dubois

What is a Common Law Trademark?

A common law trademark is a right at common law to certain names, sentences or logos that you very often use in connection with your product. You can have common law trademarks rights without having your trademark federally registered. A common law trademark, however, can only be enforced within a certain area, where it is used.

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EPGD Law Trademark Symbol
Intellectual Property Law
Eric Gros-Dubois

What is the Penalty for Wrongly Using the (R) Symbol?

This symbol serves to signify that a particular brand is registered with the federal USPTO office. A simple application to have your trademark registered with the USPTO does not give you the right to use the ® symbol until the trademark has been officially registered. 

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Intellectual Property Law
Eric Gros-Dubois

What is Trademark Infringement?

Trademark infringement is the unauthorized use of another trademark or service mark (or a substantially similar mark) on competing or related goods and services. Trademark law protects a trademark owner’s exclusive rights to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods.

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business name
Intellectual Property Law
Eric Gros-Dubois

What is a Fictitious Business Name?

An important aspect of establishing a business is finding the right name under which a given company is to conduct its business.  While some business owners choose to use their own legal name, such as “Jane Smith’s Hair Salon,” others might prefer to use a catchphrase or a term associated with the nature of the business or its product, for example “Jane’s Cuts,” or “Fashion Cuts.”  In the latter case, the business is said to operate under a fictitious business name.

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