Who has standing to sue for trademark infringement?

Only the registrant of a federally registered mark has standing to sue for infringement under Section 32. The same is true for a counterfeiting claim. The term 'registrant' includes legal representatives, predecessors, successors and assignees, but generally not licensees.

What can the plaintiff recover in damages for infringement of his trademark?

Thus, a trademark owner may recover the following categories of monetary damages under the Lanham Act: (1) disgorgement of the defendant's profits; (2) actual damages, (3) reasonable royalty, (4) attorneys' fees in exceptional cases, and (5) costs.

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Trademark License as a Dispute Settlement Agreement

King Washington Trademark License as a Dispute Settlement Agreement

Name: King Washington Trademark License as a Dispute Settlement Agreement
Brand: US Legal Forms
Rating: 4.72 (290 reviews)

Category:

Copyrights Patents and Trademarks - Licensing

State:

Multi-State

County:

King

Control #:

US-L0416AM

Format:

Instant download

Description

This sample form, a detailed Trademark License as a Dispute Settlement Agreement document, is adaptable for use with entertainment, new products, intellectual property/multimedia business and other related areas. Tailor to fit your circumstances. Available in Word format.

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FAQ

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

The trademark opposition period is a period of thirty days when anyone with a real interest in the proceeding can oppose the trademark application and attempt to stop the trademark from being registered.

Steps to Avoid Accidental Trademark Infringement Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked.Enlist help.Consider general liability insurance.Register your trademark.

Only the registrant of a federally registered mark has standing to sue for infringement under Section 32. The same is true for a counterfeiting claim. The term 'registrant' includes legal representatives, predecessors, successors and assignees, but generally not licensees.

Thus, a trademark owner may recover the following categories of monetary damages under the Lanham Act: (1) disgorgement of the defendant's profits; (2) actual damages, (3) reasonable royalty, (4) attorneys' fees in exceptional cases, and (5) costs.

File your letter of protest as soon as possible after the application is filed and preferably before the trademark is published for opposition by third parties. Letters of protest filed before publication must include evidence that is relevant to the stated reason(s) to refuse registration or issue a requirement.

The most common form of relief granted to a successful plaintiff in a trademark infringement lawsuit is an injunction against further infringement. If the infringed mark was federally registered, attorneys fees would also be available to a successful plaintiff.

In order to file an opposition, you must file a notice of opposition with the USPTO. In this notice, you must plead the grounds of your opposition and explain why the application should not register. Once your notice of opposition is filed, the applicant has thirty days to respond with an answer.

Several options exist to challenge another party's trademark registration or application, depending on the particular circumstances and grounds for challenging: You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

Some of the most common legal remedies for trademark infringement include: Monetary compensation. The classic legal remedy in any type of litigation is monetary compensation.Court-ordered injunction.Court-ordered forfeiture or destruction of the infringing goods.Payment of plaintiff's attorneys' fees.

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Issues concerning License Agreement for the Use of a Trademark . The first modern trademark laws emerged in the late 19th century.The Terms are a binding legal contract between you and RBI. LPOs are not authorized to advise individuals on the use of these forms. • Diminution in the Value. Any money in your Venmo account represents an unsecured claim against us. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services. (1) The role of the courts in encouraging parties to agree solutions. 1. And, as the dispute wears on, both the licensor and licensee derive increasingly less benefits from their underlying agreement. We handle the full range of IP licensing matters — from negotiating agreements to resolving disputes.

King Washington Trademark License as a Dispute Settlement Agreement

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