A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one seller from those of others. It is essentially a brand name. It is not to be confused with a service mark, which is used to identify and distinguish the source of a service rather than goods.
Yes, fictional characters can obtain trademark protections. In the realm of Trademark law, trademarks are
Country group, Lady A, formerly known as Lady Antebellum, has filed suit against Seattle blues singer Anita White, also known as Lady A. The feud started when Lady Antebellum decided to change their stage name to Lady A, because of the term Antebellum and its ties to slavery periods.
Trademark bullying is the process of large worldwide famous companies aggressively asserting their trademark rights over smaller businesses. Even though it is a common practice in the trademark world for trademark owners to “police” the use of their trademarks in the market, sometimes big companies take this “policing” a step further, counting on the inability of small businesses to finance prolonged court litigation over their trademark rights.
Cybersquatting or domain sharking is the act of registering, trafficking in, or using a domain name that is identical to, or confusingly similar to a registered trademark, with the bad faith intent to profit from the goodwill of someone else’s trademark. By doing this, cyber squatters prevent anybody from buying the domain.
Once the application is submitted, a rigorous evaluation by USPTO officials follows, to certify that what you present as your “claim” in your application is useful, novel and non-obvious. It is also used to check that there is no current patent on it.
With a validly registered trademark with the USPTO, the United States Customs & Border Protection (“CBP”) offers further protections with the ability to record that trademark through them as well.
An individual may apply to register a sound with the USPTO, but the federal courts have held that the sound must be “so inherently different or distinctive that it attaches to the subliminal mind of the listener, to be awakened when heard, and to be associated with the source or event.”
While Amazon offers a variety of ways to sell on its website, one of the most popular and advantageous to sellers is the Amazon Brand Registry.
A Federal trademark registration will greatly enhance your rights. U.S. trademark rights are created through the use of your mark in commerce, however these use-based rights are just common law rights and only apply to a specific geographic area.
The Act permits the injured party to recover (1) any profits the defendant made off the use of the trademark, (2) any damages sustained by rightful owner of the trademark through the unlawful use by the defendant, and (3) the costs of the court action. If the trademark infringement is particularly shocking or offensive, then the court can award the injured party three times the actual amount of damages.
Patents are a government-issued license that gives an inventor the exclusive ability, for a period of time, to make, use, or sell an invention of their creation.
Google allows businesses to purchase advertising space, causing your advertising material and website link to appear more prominently as a result of a search for a particular keyword. However, companies that have a trademark on certain words may have a case for trademark infringement for these types of actions.
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.
The Madrid Protocol treaty permits holders of U.S. trademark to extend their trademark rights globally
Federal law does not preempt state law, and the financing statement of a federal trademark
It is important to note that a fictitious business name is not the same as a trademark. Entities like trademarks, service marks, corporations, and limited partnerships are legal names. In contrast, the registration of a fictitious business name does not create any exclusive ownership rights, nor does it reserve the name against future use.
In Florida, the general rule for trademark rights is “First In Use, First In Right.” In other words, you must be the first to use the mark in commerce. Either by selling products (for goods) or providing services (for services) before you can register the trademark.