This Handbook provides an overview of federal patent and trademark law. Information discussed includes types of patents and trademarks, duration of registration, requirements for obtaining, a guide to the application process, protecting your patent or trademark, and much more in 18 pages of materials.
Patent Trademark Application With Prejudice In Georgia
State:
Multi-State
Control #:
US-003HB
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Word;
PDF;
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FAQ
Evidence § 24-4-403. Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
The cheapest way to get a trademark is to file a state trademark application, which is typically less expensive than a federal trademark application.
The standard registration period for a trademark is 11-12 months from the date of filing the application. The accelerated registration period for a trademark is 10 working days from the date of filing the application. Trademark registrations in Georgia are valid for 10 years from the filing date.
Any person who uses a trademark or service mark in Georgia may file an application for registration of that mark with the Office of the Secretary of State. If the statutory requirements are met, then the Secretary of State will issue a certificate of registration.
Strong trademarks are suggestive, fanciful, or arbitrary. Weak trademarks are descriptive or generic. Think about them this way. You want your trademark to be strong or “hot,” as opposed to weak or “cold.”
Trademark protection is limited to the specific goods and services with which a mark is registered and geographic regions. Moreover, trademarks must maintain their distinctiveness, or protection can lapse, and certain marks, like generic terms, cannot be protected at all.
Likelihood of confusion is a common reason for refusal of a trademark application. The USPTO will review your application and compare your mark to any existing trademark applications or registered trademarks.
Nowadays, nearly half (48.3%) of all trademark applications filed in the US with the United States Patent and Trademark Office (USPTO) are rejected.
If a trademark misdescribes a quality, purpose, function, feature, characteristic, ingredient, or use of the goods or services, and the misrepresentation would be credible or plausible to consumer, the mark would be refused as deceptively misdescriptive.
The first is Genericide, a term used when a brand name has become so widely used that it becomes synonymous with a general class of product or service, causing the trademark to lose its distinctiveness. For example, 'Band-Aid' often being used to refer to any adhesive bandage is an instance of genericide.
