15.1 Preliminary Instruction-Trademark
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FAQ
Prior users are given significant protection under the Lanham Act. Once a trademark owner establishes use of the trademark, they are almost guaranteed to have the exclusive rights to use the trademark in the given geographic location of use.
To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent.
The 5 things you must do to protect your trademark Do your homework. The USPTO won't register your trademark if there is a ?likelihood of confusion" with another registered trademark.Prepare and file a trademark application.Respond promptly to office actions or oppositions.Monitor your trademark.Maintain your trademark.
§ 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.
After five years of consecutive use from the date of federal registration, a trademark may be declared incontestable. An incontestable mark is immune from challenge except if it has become the generic term for the goods or abandoned for nonuse, or if the registration was acquired under fraudulent conditions.
Generally, liability for infringement of a registered trademark is handled under 15 U.S.C. § 1114(1). Unfair competition through infringing an unregistered trademark or infringing trade dress is handled under 15 U.S. C. § 1125(a).
A trademark infringement defense is a legal case brought by a defendant to prove they did not infringe on someone else's (the plaintiff's) trademark. Basically, trademark infringement is the unauthorized use of a trademark or service mark on goods or services that compete or are related.
