What type of law is trademark?
Overview. Trademark law protects a trademark owner’s exclusive right 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. Trademark law is a federal issue, and as such, the Lanham Act is the federal statute which governs trademarks.
Is trademark federal or state law?
The United States has two types of trademark registration, state and federal. A state trademark is issued by a state office, whereas a federal trademark is issued by the United States Patent and Trademark Office (USPTO). … However, registering a trademark federally offers much more legal protection.
Is trademark law in the Constitution?
The U.S. Constitution specifically grants Congress power over copyright and patent law, but not over trademark law. Instead, Congress’ power to create federal trademark law is derived from the Commerce Clause.
Is trademark common law?
A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used–even though they have never been federally registered–can all be considered common law trademarks.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Can I sue someone for using my trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
How long does trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
Can you sue without a trademark?
Under federal law, you are not required to register your trademark to obtain formal legal protection—meaning you can still sue for infringement even without registration. … To obtain the maximum level of protection for your brand, it is strongly recommended that you register your trademark.
How do you lose trademark rights?
The Loss of Trademark Rights
You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.
Who does a trademark protect?
A trademark or service mark promotes and protects your brand name, while a registered and protected domain name provides you protection against any unauthorized use of your domain name by any person or entity.
Can the government own a trademark?
The government can own and police trademarks, service marks, and domain names, and is increasingly doing so. An owner of a mark preserves or enhances the value of that mark by controlling the design and manufacture of the product or the substance and method of delivery of the service.