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Collective Marks

A “collective mark” is a trademark or service mark used by members of a cooperative, an association, or collective organization. Section 45 of the Lanham Act allows trademark registration for “collective marks.” A collective mark is any trademark or service mark used by a group or association. Examples of collectives that may own a collective mark are […]

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Trademark Dilution of Famous Trademarks

Trademark dilution occurs when an inherently distinctive trademark, such as a fanciful or arbitrary trademark, is used on unrelated goods or services. Unlike likelihood of confusion trademark cases, trademark dilution allows standing to owners of famous trademarks to prevent others from using their trademark in a way that would lessen the trademark’s uniqueness regardless of

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Fraud on the Trademark Office

Fraud on the United States Patent and Trademark Office occurs when a material and knowing misrepresentation is made by the trademark applicant or their trademark attorney during to the trademark application process. If a trademark owner knowingly makes a misrepresentation of material fact during the trademark application process, they have committed fraud on the United States Patent

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Genericism – Loss of Trademark Rights

Trademark owners must act vigilantly in order to avoid their trademark becoming generic. Individuals and business entities cannot obtain trademark protection for the generic terms of their goods or services. For example, a computer manufacturer cannot get a trademark for COMPUTER in connection with manufacturing computers. Apart from not being inherently distinctive, refusing trademark protections for

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Geographically Descriptive and Misdescriptive Trademarks

Section 2(e) of the Lanham Act bans geographically descriptive or misdescriptive trademarks trademarks from federal trademark registration absent a showing the trademark has become distinctive. Under section 2(e) of the Lanham Act, when an Examining Attorney determines that a trademark is primarily geographically descriptive or misdecriptive, he or she will refuse the trademark application to proceeding to a

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How to Register a Trademark

Trademark rights arise by merely using a company or product name in commerce, however, trademark registration give added legal protections to trademark owners. Most people believe that a person or company only owns a trademark if they have a trademark registration, however, merely using a trademark in commerce creates common law trademark rights. Common law trademark

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Voluntary Cancellation of a Trademark Registration

In some rare instances, trademark owners may need to voluntarily cancel their trademark registration. If a trademark owner decides to voluntarily surrender their trademark registration, they can do so as outlined by Section 7(e) of the Lanham Act, also known as the Trademark Act. The process to surrender a trademark registration is fairly straightforward. Trademark owners who

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Geographically Descriptive and Misdescriptive Trademarks

Section 2(e) of the Lanham Act bans geographically descriptive or misdescriptive trademarks trademarks from federal trademark registration absent a showing the trademark has become distinctive. Under section 2(e) of the Lanham Act, when an Examining Attorney determines that a trademark is primarily geographically descriptive or misdecriptive, he or she will refuse the trademark application to proceeding to a

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