The Benefits of Federal Trademark Registration

When a party registers his or her trademark with the United States Patent and Trademark Office, presumptions come into play and infringement lawsuits become a lot more feasible from a financial standpoint. An infringement lawsuit is the only way to enforce trademark ownership and federal registration makes it much easier to win a federal lawsuit against later infringers. Federal registration make...
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Determining Trademark Ownership

Trademark ownership is determined by who uses the mark first in a commercial setting. By simply using a name, logo, or other symbol to identify goods or services in the marketplace, a trademark has been created and trademark ownership has been established. There is no real difference between a trademark and a service mark. A trademark refers to any name, logo, symbol or other device used to...
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Big Sister Napolitano has a New Bill in the House to Control What We Can and Cannot Access Online

The entertainment industry has been voicing its support for a brand new bill introduced in the House of Representatives that takes aim at online websites that violate US Copyright laws, which is titled the Stop Online Piracy Act (H.R. 3261) and is scheduled for hearing by the House Judiciary committee on November 16, 2011. In May, the Senate also introduced a similar bill named the Protect IP Act...
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How to Save Thousands of Dollars and Hours of Headaches: How a Trademark Attorney Can Help You Safeguard Your Business From the Very Beginning

Many individuals think that filing for trademark registration with the United States Patent and Trademark Office is a simple do-it-yourself endeavor that does not require legal consultation or the help of a trademark attorney. However, what many people do not realize is the fact that a trademark attorney can help you get nation-wide trademark protection, establish your company’s superior...
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State Trademark Protection Versus Federal Trademark Protection

For many companies, especially small businesses and those headed by sole proprietors or entrepreneurs, the time, effort, and cost of registering the company name, logo or packaging is on the backburner and eventually forgotten until years later when a third party is caught using the same name, logo, or packaging! Other times, many companies think that registering its trademark with the California...
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