Maine Trademark, Service Mark and Right of Publicity Agreement

Name: Maine Trademark, Service Mark and Right of Publicity Agreement
Brand: US Legal Forms
Rating: 4.59 (292 reviews)

Category:

Copyrights Patents and Trademarks - Agreements

State:

Multi-State

Control #:

US-1340794BG

Format:

Instant download

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. Maine Trademark, Service Mark, and Right of Publicity Agreement: An In-depth Explanation Maine Trademark Agreement: A Maine Trademark Agreement is a legally binding contract that grants exclusive rights to the owner of a distinctive word, phrase, symbol, design, or combination of these elements (known as a trademark) within the state of Maine. This agreement ensures protection against potential infringement, as it prohibits others from using a similar mark that may cause confusion among consumers. Additionally, a Maine Trademark Agreement allows the owner to license or sell the trademark to authorized third parties to generate revenue. Maine Service Mark Agreement: Similar to a trademark, a Maine Service Mark Agreement protects distinctive marks used to identify and distinguish services provided by a business or individual, rather than tangible goods. Service marks encompass distinctive names, logos, slogans, or symbols that represent the quality and reputation of the services offered. Just like a trademark agreement, a Maine Service Mark Agreement grants exclusive rights to the mark's owner to prevent others from using a similar mark that may lead to confusion among customers. Maine Right of Publicity Agreement: A Maine Right of Publicity Agreement is a legal document that safeguards an individual's right to control and profit from the commercial use of their name, likeness, voice, or any other recognizable attribute. This agreement protects against unauthorized exploitation of an individual's image or persona for promotional purposes. By entering into a Maine Right of Publicity Agreement, individuals can ensure that their public persona is utilized in a manner they approve of and receive appropriate compensation for its use. Different Types of Maine Trademark, Service Mark, and Right of Publicity Agreement: 1. Maine Trademark and Service Mark Coexistence Agreement: This agreement is used when two parties have registered or applied to register similar or identical marks with the Maine Secretary of State. It establishes the terms under which both marks can peacefully coexist without causing customer confusion or infringing on each other's rights. 2. Maine Trademark License Agreement: This agreement enables the trademark owner (the licensor) to authorize another party (the licensee) to use the trademark in exchange for specified royalties or fees. The Maine Trademark License Agreement outlines the scope of use, quality controls, and limitations associated with the licensed mark. 3. Maine Right of Publicity Release Form: This type of agreement is used when an individual grants express permission for the use of their name, likeness, or other recognizable attributes for commercial purposes. It typically covers specific projects or campaigns and defines the compensation or benefits the individual will receive. In conclusion, Maine Trademark, Service Mark, and Right of Publicity Agreements play a crucial role in protecting intellectual property rights and personal images within the state. By utilizing these agreements appropriately, individuals and businesses can safeguard their unique identifiers, control the use of their public image, and ensure fair compensation for the commercial exploitation of their name and likeness.

Maine Trademark, Service Mark, and Right of Publicity Agreement: An In-depth Explanation Maine Trademark Agreement: A Maine Trademark Agreement is a legally binding contract that grants exclusive rights to the owner of a distinctive word, phrase, symbol, design, or combination of these elements (known as a trademark) within the state of Maine. This agreement ensures protection against potential infringement, as it prohibits others from using a similar mark that may cause confusion among consumers. Additionally, a Maine Trademark Agreement allows the owner to license or sell the trademark to authorized third parties to generate revenue. Maine Service Mark Agreement: Similar to a trademark, a Maine Service Mark Agreement protects distinctive marks used to identify and distinguish services provided by a business or individual, rather than tangible goods. Service marks encompass distinctive names, logos, slogans, or symbols that represent the quality and reputation of the services offered. Just like a trademark agreement, a Maine Service Mark Agreement grants exclusive rights to the mark's owner to prevent others from using a similar mark that may lead to confusion among customers. Maine Right of Publicity Agreement: A Maine Right of Publicity Agreement is a legal document that safeguards an individual's right to control and profit from the commercial use of their name, likeness, voice, or any other recognizable attribute. This agreement protects against unauthorized exploitation of an individual's image or persona for promotional purposes. By entering into a Maine Right of Publicity Agreement, individuals can ensure that their public persona is utilized in a manner they approve of and receive appropriate compensation for its use. Different Types of Maine Trademark, Service Mark, and Right of Publicity Agreement: 1. Maine Trademark and Service Mark Coexistence Agreement: This agreement is used when two parties have registered or applied to register similar or identical marks with the Maine Secretary of State. It establishes the terms under which both marks can peacefully coexist without causing customer confusion or infringing on each other's rights. 2. Maine Trademark License Agreement: This agreement enables the trademark owner (the licensor) to authorize another party (the licensee) to use the trademark in exchange for specified royalties or fees. The Maine Trademark License Agreement outlines the scope of use, quality controls, and limitations associated with the licensed mark. 3. Maine Right of Publicity Release Form: This type of agreement is used when an individual grants express permission for the use of their name, likeness, or other recognizable attributes for commercial purposes. It typically covers specific projects or campaigns and defines the compensation or benefits the individual will receive. In conclusion, Maine Trademark, Service Mark, and Right of Publicity Agreements play a crucial role in protecting intellectual property rights and personal images within the state. By utilizing these agreements appropriately, individuals and businesses can safeguard their unique identifiers, control the use of their public image, and ensure fair compensation for the commercial exploitation of their name and likeness.

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FAQ

In determining the likelihood of confusion in trademark infringement actions the courts look to these eight factors: the similarity of the conflicting designations; the relatedness or proximity of the two companies' products or services; strength of the plaintiff's mark; marketing channels used; the degree of care

April 13, 2016. Under the United States Trademark laws, there are two different types of trademark applications available for trademark registration. The first is referred to as a 1(a) or currently in use in commerce application. The other is a 1(b) or intent to use application.

An identical trademark is classified as any mark that is a reproduction of an already registered trademark. For a trademark to be deemed as an identical trademark, it does not need to be an exact copy of another mark.

A 1(b) intent-to-use trademark application is the proper type of USPTO filing basis (not based on a foreign filing) for situations where there is No use of mark yet but a bona fide intention to use the mark on the all of the goods or services listed in the application.

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)).

Intent-to-use basis (under Section 1(b)) - you have a bona fide intention to use your mark in commerce with your goods and/or services in the near future. Foreign registration basis (under Section 44(e)) - you own a foreign registration of the same mark for the same goods and/or services from your country of origin.

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.

Registrable marks according to the TRIPS agreement states that any sign, or any combination of signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark.

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.

If your trademark a does not have a distinctive word, logo, picture or other sign that clearly identify your goods or services from those of other traders it will be rejected.

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Maine Lobster reserves the right, in its sole discretion,or right to use any trademark, logo or service mark displayed on the Sites ... Licensing of a federally registered trademark or service mark; and PL 1991, c.Pursuant to Maine statute you have the right to avoid the contract for ...9 pages licensing of a federally registered trademark or service mark; and PL 1991, c.Pursuant to Maine statute you have the right to avoid the contract for ...Scope of the rights granted to the trademark owner; and (2) the best use of. Federal Government services to protect trademarks and prevent counterfeiting.34 pages scope of the rights granted to the trademark owner; and (2) the best use of. Federal Government services to protect trademarks and prevent counterfeiting. Other Key Substantive Registration Requirements ; The date when the mark was first used: anywhere; and ; A statement that: the applicant is the owner of the mark; ... The statute expressly bars the registration of marks that employMany such agreements were drafted before the right of publicity was ... Defining Ownership in the Franchise Agreement .3 Technically, trademarks identify products, and service marks identify services.39 pages ? Defining Ownership in the Franchise Agreement .3 Technically, trademarks identify products, and service marks identify services. The right to associate with the franchisor's trademarks.and includes not only trademarks, but any service mark, trade name or other advertising or. the right to associate with the franchisor's trademarks.and includes not only trademarks, but any service mark, trade name or other advertising or. Chris A. Caseiro is a patent attorney based in Maine with extensive knowledge andChris works with trademark and service mark owners to determine the ... Andrew: But a registration and a registered trademark is when you actually take the steps toLike trademark, you are judging a book by its cover, right? These Terms of Service (?Terms?), along with our privacy policy (located at Privacy Policy), are a legal agreement between you and Comcast Spectacor, ...

Maine Trademark, Service Mark and Right of Publicity Agreement

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FAQ

What are the 8 elements used to determine infringement of a trademark?

What does 1a and 1b mean trademark?

What constitutes an identical trademark?

What does 1b mean in trademark?

What is trademark representation?

What is 1b basis?

What type of representation does trademark have to be filed?

What makes a trademark registerable?

How do I file a trademark slogan?

Can a trademark be refused?

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