Kentucky Settlement Agreement Tradename
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How to fill out Settlement Agreement Tradename?
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FAQ
Descriptive fair use allows use of a trademarked name in a purely descriptive sense. The key is that use must not be in reference to the mark, and must be done in good faith. For example, a commercial can claim that a drink is sweet and tart, without infringing the mark SWEET TART.
You may file a declaratory judgment lawsuit, asking a court to declare that your mark does not infringe the trademark owner's mark, and/or that the trademark owner's mark is invalid.
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
If a geographical mark has acquired secondary meaning, then it is entitled to trademark protection, which was how the University of Kentucky was able to get a registration in 1997 for the KENTUCKY® mark for hats, t-shirts, jackets and other items of clothing.
The lack of a federal registration means you will not have a presumption of ownership, but you can still sue an infringer for trademark infringement since the Lanham Act allows for lawsuits based on unregistered trademarks.
Though the university's federal trademark registration of "Kentucky" grants it the '"presumption of national ownership around the word' as it relates to clothing," Gerben wrote, the university's case is "likely to fail given that the Commonwealth of Kentucky's mark is for "TEAM KENTUCKY" (as opposed to just the word ...
Trademarking a word allows creators to identify their brands to consumers. When something has trademark protection, competitors cannot use the same words for their offerings. However, you cannot trademark just any word. In general, some words are easier to get a trademark for than others.
To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...
