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. Trademarks include words, names, symbols and logos. The intent of trademark law is to prevent consumer confusion about the origin of a product.
Trade dress is the total appearance of a product, including its packaging, label, shape, and size. Trade dress may also include physical structures associated with a particular product or service. Trade dress may qualify as a protected trademark or service mark if it is distinctive and identifies the source of a specific product or service.
Puerto Rico Assignment of Trademark and Trade Dress in Connection with Asset Purchase
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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
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on colour, smell, or sound (like jingles).
Trademarks are territorial rights they are only protected in the countries or regions where they are registered. If a trademark has not been registered in a given country, it will not be protected in that country. This means that anyone can make, use, import or sell goods bearing your trademark in that country.
Non-generic words, logos, slogans, colors, smells, and sounds can all be registered with the USPTO, as long as you can demonstrate how they represent your business. Inventions and works of authorship cannot become registered trademarks and should be protected with patents or copyrights respectively.
Trademarks can generally be categorized into one of four categories of distinctiveness, from most to least distinctive: coined, arbitrary, suggestive and descriptive.
The 4 Categories of TrademarksGeneric. A generic term is a common description that does not receive trademark protection.Descriptive.Suggestive.Arbitrary or Fanciful.
Assignment of a trademark occurs when the ownership of such mark as such, is transferred from one party to another whether along with or without the goodwill of the business. In case of a registered Trademark, such assignment is required to be recorded in the Register of trade marks.
The trademark as under are prohibited if it;Contains any word or matter which is likely to hurt religious sentiments of any class of citizens of India. Contains scandalous or obscene content. Prohibited under the Emblems and Names (Prevention of Improper Use) Act. The shape of goods in the following conditions.
Assignment means transferring rights, interests, titles and benefits from one person to another. Assignment of a trademark means to transfer the owner's right in a trademark to another person. The transferring party is called the assignor, and the receiving party is called the assignee.
Trademark Assignment Agreement is the transfer of a Trademark owner's rights, title or name, and interest in service mark/Trademark. The transferring party or assignor transfer property rights in the mark to the receiving party called the assignee.