Trademarks: the Importance of Conducting a Thorough Search Before Choosing

Posted by on Oct 24, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments One of the biggest mistakes a business can make is spending years building the business and brand only to realize that they cannot expand the business to a state (or worse yet, states) because a third party has superior rights to that trademark in that territory or, worse yet, they get a cease and desist notice from another business in their area claiming superior ownership! Taking the time to...
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Trademarks and the Value in Trademark Ownership

Posted by on Oct 24, 2011 in Business Litigation, Business Transactions, Commercial Litigation, Commercial Transactions, Intellectual Property, News, Trademark | 0 comments Trademark ownership is determined by who uses the mark first in a commercial setting. Technically, an individual has established an ownership interest in a trademark the minute the trademark is used to identify goods or services in the marketplace. That means, the minute a business owner uses a name, logo, or symbol in the market, they have established a common law right to a trademark. However,...
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