TRADE DRESS

In addition to words and logos protected by registration as trademarks and service marks, Federal trademark law (Lanham Act) also protects trade dress. Trade dress is the design or configuration of a product or the product packaging that can be shown to identify the source of the goods or service. The key is that the…

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Trademarking Domain Names

Major businesses, from the New York Yankees to McDonalds, have recently had problems with cyber-squatting; which is the practice of registering a publicly recognized name or mark as part of an Internet domain name and ransoming it to the “owners” of the name or mark for a profit. Cyber-squatting through the registration of domain names…

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TRADEMARK OPPOSITION

One step in the process in registering a trademark on the Principal Trademark register of the USPTO is passing through the phase termed “publication for opposition”. Recall the first step in the registration process is filing of the trademark application. The application is either based upon actual use in commerce, or a good faith “intent…

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PRINCIPAL TRADEMARK REGISTER

The US Patent and Trademark Office maintains two registers for trademarks. There is the Principal Trademark Register (which is where you want to be). There is also the Supplemental Trademark Register. Registration on ether register entitles the owner to place the ® symbol immediately after the mark, i.e., Kodak® camera. To be eligible for registration…

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WHAT IS A TRADEMARK?

Basically, a trademark is exactly what it says it is; a “mark” used in “trade” to distinguish the goods of the trademark owner from the goods of others. For services, the term is (not surprisingly) “service mark”. A mark may be a symbol, design or word. Frequently a mark is a combination of a word…

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INTERNET AND TRADEMARKS

The Federal District Court in California recently permanently enjoined or stopped the defendant Atlanticnet Media Corp., from using the Internet domain name gaynet.com upon a showing that “Gay.net” was the registered trademark of Online Partners.com and was a famous mark within the gay community. Gay.net is registered on the USPTO Principal Register and had been…

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