Are trademark Laws International?
Trademarks are territorial and must be filed in each country where protection is sought. … As of April 2014, U.S. applicants can concurrently seek protection in up to 92 countries. For more information on filing an international application, see the Madrid Protocol.
What is the purpose of trademark law?
What is the purpose of trademark law? The primary purpose of the trademark laws is to prevent unfair competition by applying a test of consumer confusion and providing rights and remedies to the owner of the trademark.
What is international registration of trademark?
At the international level, you have two options: either you can file a trademark application with the trademark office of each country in which you are seeking protection, or you can use WIPO’s Madrid System. … In principle, a trademark registration will confer an exclusive right to the use of the registered trademark.
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.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
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.
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.
Is a logo a trademark?
Your logo is a trademark that identifies the goods or services you’re selling with your brand. Filing an application to register your trademark with the U.S. Trademark Office allows you to protect your trademark and prohibit others from using it on similar goods or services.
Is not a requirement for registration of a trade mark?
There is no requirement for forming a legal entity or business entity to register a trademark. Further, the documents required to register a trademark in the name of a proprietorship are the same as that of an individual as under: Copy of the logo, preferably in black & white (Optional).
What can I trade mark?
A phrase, word, symbol, device, or even a color are all eligible for a trademark. Anything that distinguishes the goods of your party or company from another qualifies. However, the item must be used in a commercial setting to obtain protection from the law. Trademarks have a 10-year protection span.