04-Trademark Basics Loss of Trademark Ri

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Slide 1: 

Intellectual Property Creation & Management for Emerging Growth Technology Companies Trademark Basics: Loss of Trademark Rights & Mechanics of Registration

Slide 4: 

Intellectual Property Creation & Management for Emerging Growth Technology Companies Trademark Basics: Loss of Trademark Rights & Mechanics of Registration

Trademarks : 

Trademarks Subject Matter Scope of Protection Loss of Trademark Rights Mechanics of Registration Ownership Infringement 5

Loss of Trademark Rights : 

Loss of Trademark Rights Trademark rights can be lost if not used or not used properly: Must remain in continuous use Must indicate product source, not product itself 6

Problems with Trademark Use : 

Problems with Trademark Use Genericide: Escalator, Aspirin, Cellophane – all have become generic Kleenex Brand Tissues (Kimberly Clark) Band-Aid Brand Bandages (J&J) Xerox Brand Copiers (Xerox) Rollerblade Brand In-Line Skates Thermos Brand Insulated Containers 7

Trademarks : 

Trademarks Subject Matter Scope of Protection Loss of Trademark Rights Mechanics of Registration Ownership Infringement 8

Obtaining Trademark Rights : 

Obtaining Trademark Rights Rights arise simply from use of a mark in commerce First use wins over first filing Two tier system of registration: State – weak Federal – substantial rights 9

How To Obtain Trademarks? : 

How To Obtain Trademarks? The Benefits of Registration: Prima facie evidence of the validity of the registered mark and registration, the registrant’s ownership of the mark, and the exclusive right to use the mark in connection with the specified goods or services Prima facie evidence of continued use since the filing date of the application 10

How To Obtain Trademarks? : 

How To Obtain Trademarks? The Benefits of Registration (cont.): Constructive Notice of Registrant’s Claim of Ownership Right to bring suit in federal court Statutory remedies, such as mandatory treble damages and criminal penalties in counterfeit cases Ability to ban imports of goods with infringing trademarks 11

Federal Trademark Registration Benefits : 

Federal Trademark Registration Benefits Registration gives nationwide priority except against prior user After five years, registered trademark may be incontestable, even by prior user Trademarks may be continually renewed 12

Obtaining Federal Trademark Registration : 

Obtaining Federal Trademark Registration Application can be based on prior use in commerce or good faith intent to use in commerce: Prior use filing must be based on actual, not token, use Intent-to-use filing must be based on bona fide intent to use with particular goods or services “®” may be used with mark after registration 13

Trademark Searching Basics : 

Trademark Searching Basics Search pending & registered trademarks at: www.uspto.gov/main/trademarks.htm (choose the link for TESS) 14

More information at uspto.gov: : 

More information at uspto.gov: Trademark records and images Application forms Fee schedules Status of marks Manuals for classifying goods and services, design codes, et 15

Slide 16: 

Intellectual Property Creation & Management for Emerging Growth Technology Companies Trademark Basics: Loss of Trademark Rights & Mechanics of Registration

www.HULSEYIPLaw.com : 

www.HULSEYIPLaw.com

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