Chapter 5 Notes - Chapter 5 Notes I Trademarks a A...

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Chapter 5 Notes I. Trademarks a. A trademark is a distinctive mark, motto, device or emblem that a manufacturer stamps or prints so that they may be identified on the market and their origin vouched for b. Statutory Protection of Trademarks i. Trademark Dilution 1. Federal Trademark Dilution Act passed in 1995 2. Companies can be granted an injunction to protect their trademark if it reduces the value of the original mark or lessens its capacity to identify goods and services ii. Use of a similar mark may constitute trademark dilution 1. Companies cannot copy marks or be similar to marks c. Trademark Registration i. A mark may be registered if it is currently in commerce or ii. If the applicant intends to put the mark into commerce within 6 months iii. Registration is renewable between the 5 th and 6 th years after initial registration and every 10 years after that d. Trademark Infringement i. Whenever a trademark is copied to a degree or used in its entirety by another, intentionally or unintentionally, the trademark has been infringed e. Strong marks i. Fanciful trademarks – “Xerox” and “Kodak” involve invented words ii. Arbitrary trademarks – No literal connection to the product iii. Suggestive trademarks – Suggest something about the product without describing it. f. Secondary Meaning i. For a term or name to become distinctive, customers must associate that term with the product ii. Once a term is distinctive, it can become a trademark g. Generic Terms i. Generic terms can’t acquire protection even if there is a second meaning ii.
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