Trademark Legal care for your business & product name
Book - 1992
Saved in:
- Subjects
- Genres
- Law for laypersons
- Published
-
Berkeley :
Nolo Press, 1992
- Language
- English
- Other Authors
- ,
- Item Description
- "Legal care for your business & product name."
Subtitle varies. - Physical Description
- volumes : illustrations, forms ; 28 cm
- Publication Frequency
- Biennial, 1997-
- ISBN
- 9781413330090
- 20 Frequently Asked Trademark Questions
- Your Legal Companion for Trademarks
- 1. A Trademark Primer
- Trademarks and Trademark Law
- Sources of Trademark Law
- Basic Principles of Trademark Law
- The Role of Federal Registration in Protecting Trademarks
- Not All Business Names Are Trademarks
- Trade Name Formalities
- Trade Dress and Product Designs
- The Difference Between Trademark and Copyright
- The Difference Between Trademark and Patent
- 2. Trademarks, Domain Names, and the Internet
- How to Clear and Register Domain Names
- What to Do When the Domain Name You Want Is Already Registered
- Domain Names and Trademarks
- Other Trademark Issues in Cyberspace
- 3. How to Choose a Good Name for Your Business, Product or Service
- Anatomy of a Product or Service Name Trademark
- Distinctive Names Make Legally Strong Trademarks
- How Trademark Law Treats Marks With Ordinary Terms
- What Makes a Distinctive Trademark a Legally Strong Trademark?
- Guidelines for Making a Mark Distinctive
- Marketing Considerations When Choosing a Name
- 4. Trademark Searches-What They Are and Why You Should Do One
- What Is a Trademark Search?
- Why Do a Trademark Search?
- Resources You Can Use in a Trademark Search
- Where Are Trademark Search Resources Located?
- Different Levels of Trademark Searches
- Planning Your Trademark Search
- Using a Professional Search Service
- 5. How to Do Your Own Trademark Search
- Meet TESS-The Trademark Electronic Search System
- Getting Started With TESS
- Understand the TESS Word and/or Design Mark Search (Structured)
- Trademark Searching With TESS: An Example
- Understanding the TESS Word and/or Design Mark Search (Free Form)
- Understanding the Results of Your Search
- Searching for Designs
- Searching State-Registered Trademarks
- Searching for Trade Names and Unregistered Marks
- 6. How to Evaluate the Results of Your Trademark Search
- What's Involved in Evaluating Trademark Search Results?
- What Is the Likelihood of Customer Confusion?
- An Overview of How Courts Evaluate Marks for Their Potential to Cause Customer Confusion
- How Closely Related Are the Goods and Services?
- Do the Goods or Services Compete?
- How Similar Are the Marks?
- Additional Factors
- Final Factors
- How to Read a Trademark Search Report
- 7. Federal Trademark Registration
- Brief Overview of Federal Registration
- A Surge in Applications Leads to Trademark Modernization Act
- What Marks Qualify for Federal Registration
- If You Haven't Started Using Your Mark, Should You File an Intent-to-Use Application?
- Examples of Your Mark to Submit With Your Application
- Which International Class Is the Best Fit for Your Product or Service?
- Deciding How Many Marks You Want to Register
- Applying for Registration Online
- What Happens Next?
- Communicating With the USPTO
- If the Examiner Issues a Rejection Letter
- Follow-Up Activity Required for Intent-to-Use Applications
- Follow-Up Activity Required After Registration
- 8. How to Use and Care for Your Trademark
- Use of the Trademark Registration® Symbol
- Using the TM or SM Symbol for Unregistered Trademarks
- File Your Section 8 and Section 15 Declarations
- File Your Section 8 Declaration and Section 9 Application for Renewal
- Use It or Risk Losing It
- Maintain Tight Control of Your Mark
- Use the Mark Properly-Avoid Genericide
- Transferring Ownership of a Trademark
- 9. Evaluating Trademark Strength
- A Brief Review of What Makes a Strong Mark
- For Marks Consisting of Words, Identify the Distinctive Part of the Mark
- Assess the Legal Strength of the Trademark Aspect of Your Word Mark
- 10. Sorting Out Trademark Disputes
- Trademark Infringement
- Determining Priority in an Infringement Dispute
- Dilution
- Cybersquatting
- 11. Trademark Disputes: When Someone Infringes Your Mark
- Beware of Being Right
- The Cost of a Trademark Dispute
- How Much Is Your Mark Really Worth to You?
- Negotiate-Don't Litigate
- How to Handle an Infringer
- 12. Trademark Disputes: When Someone Objects to Your Trademark
- Two Trademark Battlefields: Court or the TTAB
- How a Court Can Terminate Your Trademark
- How the TTAB Can Terminate Your Registration
- Should You Fight?
- 13. International Trademark Protection
- Where Will You Seek Protection?
- How Do You Register Abroad?
- 14. Help Beyond This Book
- Nolo: Your One-Stop Trademark Resource
- Finding Trademark Laws and Information on the Internet
- Finding a Lawyer
- Appendixes
- A. International Classifications of Goods and Services
- B. Glossary of Terms
- C. Selected Pages From Thomson CompuMark Trademark Research Report
- Index