What is trademark prosecution?
Trademark prosecution is the technical term used to describe the process of applying for a trademark (or service mark) with the United States Patent and Trademark Office (USPTO). A trademark is a symbolic representation of a company. The symbol can be a picture, text, or even a smell.
What does the legal rights of a trademark include?
A common law trademark provides protection for a symbol, logo, product name, or other words or marks that identify the source of goods or services before it is registered with the state or federal government.
What are the 4 types of trademarks explain briefly?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic. Fanciful or arbitrary marks are the strongest. Generic marks cannot be registered and offer no protection. Suggestive and descriptive marks fall in between.
What is an example of a trademark infringement?
One common example of trademark infringement is where clothing manufacturers attach brand labels to generic items, attempting to have them “pass off” as authentic. Trademark infringement violations are very serious and are often involve aspects of deceptive trade practices.
How are trademarks enforced?
How are trademarks enforced? Trademarks are enforced through cease and desist letters. Sending a cease and desist letter to the address of the infringer is usually the first course of action. In many cases, a cease and desist letter will be enough to persuade an infringer to leave your mark alone.
What is trademark prosecution in India?
Trademark prosecution is a series of interactions performed by a trademark lawyer with the officials of a trademarks office for the purpose of getting the specified task done. This trademark prosecution may be made before or after the registration of a trademark/service-mark; and at the domestic or international level.
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.
Can I use TM without registering?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. … The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
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.
What is difference between wordmark and trademark?
A trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product.
Is Apple a trademark?
What Are Trademarks? … The Apple trademark is a good example: While an apple cannot be copyrighted, its artistic representation can be—its use as a symbol for an electronics and software company is protected as a trademark.
Is logo a trademark?
Generally, logos and designs that are used as brand identities for representing businesses are protected as trademarks. As they are original artistic works that have an element of creativity, they are also protected as copyrights.