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Trademark process Step 1: Is a trademark application right for you? ... Step 2: Get ready to apply. ... Step 3: Prepare and submit your application. ... Step 4: Work with the assigned USPTO examining attorney. ... Step 5: Receive approval/denial of your application. ... Step 6: Maintain your registration.
Some instances of infringement are clear. If, for example, you have a jewelry company with a trademarked name of Romantic Stones, and another company comes along and starts selling jewelry under the name Romantic Stones, you have a pretty clear-cut claim for trademark infringement on your hands.
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 ...
Trademark Infringement A business can be sued if the name or logo is created to trick clients into thinking they are buying a different product produced by a contending company.
A tort is defined as ?a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.? A tort occurs when a person wrongs someone else in a way that exposes the offender to legal liability.
Trademark infringement is defined as the unauthorized use of a trademark or service mark. This use can be in connection with goods or services and may lead to confusion, deception, or a misunderstanding about the actual company a product or service came from.
§ 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.
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.