Connecticut Trademark, Service Mark and Right of Publicity Agreement

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Multi-State
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US-1340794BG
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Word; 
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Description

Trademarks identify the goods of one manufacturer from the goods of others. Trademarks are important business assets because they allow companies to establish their products' reputation without having to worry that an inferior product will diminish their reputation or profit by deceiving the consumer.

Connecticut Trademark, Service Mark, and Right of Publicity Agreement The Connecticut Trademark, Service Mark, and Right of Publicity Agreement are legal agreements that provide protection to individuals and businesses for their intellectual property rights in the state of Connecticut. These agreements are designed to safeguard trademarks, service marks, and the right to control and exploit an individual's publicity. A trademark is a unique symbol, design, word, phrase, or combination of these elements that distinguishes a company's goods or services from others in the market. It serves as a brand identifier and represents the reputation and quality associated with a specific product or service. Similarly, a service mark performs the same function as a trademark but is specifically used to identify and distinguish services instead of tangible goods. It helps consumers differentiate between various service providers and builds brand recognition and customer loyalty. The Right of Publicity is a legal right that grants individuals control over the commercial use of their name, likeness, voice, or any other recognizable aspects of their identity. It protects celebrities, athletes, and public figures from the unauthorized exploitation of their images or personas for commercial gain. Connecticut recognizes the importance of safeguarding these intellectual property rights and offers specific agreements to ensure adequate protection. The agreements may include the following types: 1. Connecticut Trademark Agreement: This agreement is used for individuals or businesses looking to register and protect their trademarks in Connecticut. It outlines the specific goods or services associated with the mark, establishes the rights and limitations of the trademark owner, and provides legal remedies in case of infringement. 2. Connecticut Service Mark Agreement: Similar to the trademark agreement, this agreement focuses on protecting service marks within the state. It covers the registration process, scope of services, and the service mark owner's rights to prevent unauthorized use or confusion in the marketplace. 3. Connecticut Right of Publicity Agreement: This agreement is intended to safeguard an individual's right to control the commercial use of their name, likeness, voice, or any other recognizable aspect of their identity. It outlines the terms of use, compensation, and duration of the right of publicity, allowing individuals to control the exploitation of their image for purposes such as endorsements, advertisements, or merchandising. By entering into these agreements, individuals and businesses establish legal protection for their intellectual property rights, preventing others from unauthorized use and providing a legal framework for enforcement. It is crucial to consult with an attorney specializing in intellectual property law to ensure the agreements align with Connecticut state laws and adequately protect the rights of the parties involved.

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FAQ

Section 2(1) provides that a trade mark is any sign capable of being represented graphically. Graphic representation requires that the sign must be able to be represented visually, particularly by means of images, lines or characters, so that it can be precisely identified (see Ralf Sieckmann (Case C-273/00)).

In principle, a slogan can be protected by registration as a trade mark as long as it's distinctive, it's not descriptive, nor generic and it's not already registered in your chosen classes. You can then prevent any other company using your slogan on certain goods and services.

Conclusion. If the word(s) element of your brand is registrable and your budget is tight register the word mark. However if budget allows, then separately register your logos too. It is tempting to think that if you register just the combination you get the best of both worlds.

How to Trademark a SloganGo to the United States Patent and Trademark Office (USPTO) website.Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.Submit your trademark application. Pay the filing fee.

Requirements for filing a trademark applicationThe name, address and nationality of the applicant.If the applicant is a company, the country or state of incorporation.A list of goods and/or services for which registration is required.Soft copy of the trademark to be registered.More items...

The legal requirements to register a trademark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others.

The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.

How to Trademark a SloganGo to the United States Patent and Trademark Office (USPTO) website.Check the Trademark Electronic Search System (TESS) database. Make sure the slogan isn't already registered in the same category.Submit your trademark application. Pay the filing fee.

Although you can apply for trademark protection for your name and logo concurrently, each is considered a separate mark. As such, each mark (i.e. your standard character mark and your design mark) requires its own application.

A trademark may be obtained from the office of the Secretary of the State of Connecticut (phone: 860-509-6200) or visit the website for a trade and service mark form, .

More info

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Connecticut Trademark, Service Mark and Right of Publicity Agreement