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Deceptive Trademarks

Deceptive marks, trademarks and service marks, are barred from trademark registration on the even if there is a showing of secondary meaning under Section 2(f) of the Lanham Act. Section 2(a) of the Lanham Act states that a trademark cannot be registered at the United States Patent and Trademark Office if it is deceptive. Unlike other other Section 2

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Acquired Distinctiveness Under Section 2(f)

Section 2(f) allows trademarks that are not inherently distinctive to be registered if the trademark applicant can show they acquired distinctiveness. As a general rule, trademarks that are not inherently distinctive cannot be registered trademarks at the United States Patent and Trademark Office. However, in instances where the trademark owner can show a trademark has acquired distinctiveness, i.e.

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Best Trademark Lawyers

The best trademark lawyers are honest with clients, do not take shortcuts and explain clearly the expected costs before taking on trademark work. With any industry, there are companies and individuals that provide the best service and others who do just enough to get by. When it comes to trademark attorneys, there are several factors

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Benefits of Federal Trademark Registration with the USPTO

Trademark law developed through English common law, and by simply using a trademark, a trademark owner is afforded property rights and legal protections to their trademark. However, seeking a federal trademark registration with the the United States Patent and Trademark Office (USPTO) provide trademark owners additional benefits they would not receive if they solely relied on their common

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Benefits of Intent to Use Trademark Applications

Intent to use trademark applications allow companies to resolve any potential trademark issues early, establish trademark priority rights, and invest in new trademarks and marketing campaigns with confidence. Intent to use applications give business owners the flexibility of filing for a trademark application before ever using the trademark so long as they have a bona

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Certification Marks and Geographic Indicators

A certification mark serves as a symbol of guarantee that the goods or services sold in connection with the mark meet certain standards and conditions. Certification marks, unlike traditional trademarks, do not identify the source of goods or services. Rather, they identify the goods or services bearing the certification mark meet certain criteria and standards.

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Color Trademarks

A trademark can be nearly anything that serves as a source identifier, including the color of products Almost anything that serves as a source identifier, i.e. it allows consumers to know who manufactured a product or advertised a service, can receive common law trademark rights and be a registered trademark at the United States Patent and Trademark Office (USPTO).

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