Business Law Chapter 10 Notes.pdf

Business Law Chapter 10 Notes.pdf - Chapter 10 Notes...

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Chapter 10 Notes Trademark is a word, name, symbol, or combination of these that identifies the manufacturer of the product A service mark is the same thing except it identifies the provider of the service Registration on the federal principle register and labels and titles a person to exclusive use of a Mark The validity of a trademark registration maybe challenged within five years Westin and wouldn't 60 other countries signed the Madrid System of International Registration of Marks that allows U.S. firms to protect product and service marks in all these countries by filing one form in the U.S. A mark may be registered if it distinguishes a person's product or services of competitors Generic terms that merely describe a class of products or services cannot be registered Descriptive or geographical terms and surnames cannot be registered unless they acquire a secondary meaning Limitation: o Arbitrary, fanciful names are those that have no other meaning o Functional marks that merely use worlds in their ordinary sense are not protected The owner of the work maintain a court order injunction to prevent improper use a duplication over Mark is such use is likely to confuse the public regarding the source of the product
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