Intellectual Property

Protecting Your IP: Asserting and Defending Your Trademark Rights

So your trademark application has been approved and your trademark has been officially registered and published in the Official Gazette. Now what? We continue our blog series on protecting your IP by exploring how to assert your trademark rights and ensure that you take advantage of your federally registered trademark.

Defending Your Trademark Rights One important thing to note is that it is the responsibility of the trademark owner to protect its trademarks and assert its rights. You are required to monitor the use and potential infringement of your trademark. If you don’t, then others can use your mark and capitalize on your company’s reputation that is attached to your trademark. If you find that another company is using your trademark, you...

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Intellectual Property

Protecting Your IP: The Importance of Federally Registering Your Trademarks

Of course you want to protect your company’s intellectual property, since for most businesses it is some of the most valuable assets they hold. You’ve probably been told countless times that you need to “register your trademark.” Perhaps you haven’t been told WHY you should register your trademark. We’ve put together a short series of blog posts on why you should register your trademark, the common pitfalls during the registration process, and asserting your trademark rights, including opposing a trademark claim. Today’s post highlights the major benefits attached to federally registering your trademark with the USPTO.

Common Law Trademark Rights: No Registration Necessary Trademark rights exist the minute you use a trademark “in commerce”—basically the first time you put your business’ name, logo,...

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Intellectual Property

Trademark Protection: Background and Basics of the Lanham Act

The Lanham Act is the primary federal trademark statute of law in the U.S. The Act prohibits trademark infringement, trademark dilution, and false advertising (among other things). It’s name is derived from its creator, Representative Fritz G. Lanham of Texas, and the Act was passed into law by President Truman on July 5, 1946. The purpose of the Lanham Act is to protect trademarks so as to avoid consumer confusion and help consumers identify the source of particular goods or services.

How to Prevail on a Lanham Act Trademark Claim To prevail, the plaintiff must prove: (1) that it has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion....

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