Trademark - Page 7
This is FindLaw's collection of Trademark articles, part of the Intellectual Property section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Intellectual Property
Trademark Articles
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Pursuant to the treaty establishing the European Community, the counsel of the European Union issued a regulation. -
The United States Supreme Court has held that a color can be registered as a trademark upon presentation of evide. -
A Canadian using a trade-mark in the United States, whether it be registered in the US or recognized at common law, who believes that the registration or use by a third party of a domain name violates the rights in the trade-mark, may be able to commence an action under the US Anti-Cybersquatting Consumer Protection Act (ACPA) which was signed into law on November 29, 1999 to amend the Lanham Act, the federal trade-mark legislation in the United States. -
The trademark you select identifies the source of your product or service and distinguishes it from the goods or services of other companies. A trademark should be memorable; should attract the eye, ear and mind of the potential purchaser; should elicit desirable consumer responses; and otherwise be distinctive. However, there is an inherent conflict between common marketing practices and trademark law. -
Most countries do not process applications for recognition of well-known trademarks unless owners of such trademarks have demonstrated a need for such recognition, and most countries do not have a separate or independent application procedure for recognition of well-known trademarks. -
In today's competitive markeplace, it is becoming increasingly important for merchants and manufacturers to differe. -
A recent trademark administrative decision highlights the importance for in-house counsel and trademark managers of verifying the use of a trademark when obtaining or maintaining a U.S. trademark registration. The penalty for overstating the use of a trademark is losing the application or entire registration, which may turn a trademark owner with senior rights into a potential infringer with junior rights. This article will discuss the Medinol Ltd. v. Neuro Vasx case, and offer practical tips to trademark owners on how to satisfy use requirements. -
Cyberpirates don't fly the Jolly Roger when ripping off trademarks and domain names. They work in secret, but if you don't catch them early, they can scuttle your ship of commerce. -
Trademarks play an increasingly important role in most businesses, yet many companies still deal with them on an ad hoc basis. There are a number of areas companies can focus on to maximize the value of their trademarks. Brand management encompasses everything from providing basic guidelines on proper trademark usage, to drafting complex licensing agreements, to coordinating IP audits, to conducting due diligence in corporate transactions, and administering domain name policies. -
Using a competitor's trademark in your company's advertising can be a highly effective positioning tool and may lead to significant economic gains. Under certain conditions, use of a competitor's trademark in your advertising is legal in the United States. This type of use can showcase specific strengths or features of your company's products or services, in direct relation to those of your competitor.