04trademark_nashville

04trademark_nashville - Trademarks: Identifying &...

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1 Trademarks: Identifying & Protecting Your Rights Office of External Affairs United States Patent and Trademark Office
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2 A word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods or services of one party from those of others. Even colors, smells and sounds may be trademarks in the U.S. (and in some other countries). What is a Trademark?
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3 CREATION PROTECTION MAINTENANCE LIFE OF A TRADEMARK SCREENING and CLEARANCE
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4 Life of a Trademark CREATION Choosing a trademark or service mark SCREENING and CLEARANCE Making sure the proposed mark is available PROTECTION Seeking protection, country-by-country MAINTENANCE Using trademarks properly and renewing registrations
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5 PART I: LIFE OF A TRADEMARK
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6 A trademark identifies you and your goods/services to your customers. A trademark allows your customers to distinguish you from your competitors. Why are Trademarks Important?
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7 Examples of Trademarks We bring good things to life.
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8 Is Trademark Protection Available for Any Word, Design, or Phrase? DIAL-A-LAWYER
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9 Yes, if: If the domain name is functioning not only as a domain name but also as a trademark, i.e., as a source indicator. Does the domain name include a distinctive component? Is it displayed only as a domain name on the address line of a browser, or is it also displayed elsewhere, in a source indicating manner. www.amazon.com v. www.trademark.com Can an Internet Domain Name be Registered as a Trademark?
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10 Part II: LIFE OF A TRADEMARK SCREENING and CLEARANCE
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11 Common Law - unregistered State Registration – the “truly local” Federal Registration® - interstate Other Federal Statutes Smokey Bear Woodsy Owl Types of Trademark Protection in the U.S.
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12 Trademark Protection Overseas Trademark rights are territorial. Most countries follow a “first-to-file” rule: Protection is granted to the first party who files an application and receives a registration. You must search and file in each country in which you wish to sell your goods or services.
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13 SCREENING and CLEARANCE in the U.S. USPTO DATABASE Federally registered trademarks and pending applications for registration STATE TRADEMARK REGISTRIES DOMAIN NAME SEARCH Generic Top Level Domains (gTLDs) Country Code Top Level Domains (ccTLDs) COMMON LAW SEARCH the Web, trade names, trade directories, etc.
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Before beginning to use a trademark, a business should first determine whether some other business is already using an identical or similar trademark, on or in connection with the same or related goods or services, or whether some other company otherwise has any rights in the mark. By making that determination, a company lessens the risk of violating another company’s trademark rights. Why Should a Business do a
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04trademark_nashville - Trademarks: Identifying &...

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