15.15 Trademark Ownership-Assignee (15 U.S.C. Sec. 1060) is a section of the Latham Act that outlines the rules for assigning ownership of a trademark. It states that a trademark may be assigned to a person or company (the “assignee”) by an owner (the “assignor”). The assignee must be in good faith and the assignment must be in writing. The assignee then acquires all rights, title, and interests in the trademark and is responsible for the use of the trademark. There are two types of trademark assignments: an outright assignment and a license. An outright assignment is a complete transfer of all rights, interests, and responsibilities for the trademark from the assignor to the assignee. A license is a limited transfer of rights, interests, and responsibilities from the assignor to the assignee.
15.15 Trademark Ownership-Assignee (15 U.S.C. Sec. 1060)
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FAQ
Trademark Violation § 1125(a), the plaintiff must demonstrate that (1) the plaintiff has a valid and legally protectable mark; (2) the plaintiff owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.
The term 'Trademark Act of 1946' means the Act entitled 'An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes', approved July 5, 1946 (15 U.S.C. 1051 et.
§1060(a) (1) A registered mark or a mark for which an application to register has been filed shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark.
For example: X is the proprietor of brand 'ABC'. X assigns his trademark 'ABC' completely through an agreement to Y. After this, X will not have any rights with respect to the brand 'ABC'. The trademark proprietor assigns the trademark to another person with respect to only specific services or goods.
15 U.S. Code § 1117 is the statute which discusses recovery for violating a trademark. Under 15 U.S. Code § 1117(a), the statute deals with the recovery of attorney fees. The statute reads, "The court in exceptional cases may award reasonable attorney fees to the prevailing party."
Examples of Lanham Act violations include: A competitor copies and duplicates your logo and tradename; A competitor does not identically copy your marks but rather adopts a mark that is similar to yours and one that confuses consumers? i.e.? they believe your competitors products are coming from you.
The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks if such use is likely to result in consumer confusion, or if the dilution of a famous mark is likely to occur.
If first use of a mark by a person is controlled by the registrant or applicant for registration of the mark with respect to the nature and quality of the goods or services, such first use shall inure to the benefit of the registrant or applicant, as the case may be.