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The Law Office of Joan I. Norek |
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Intellectual Property |
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Chicago, Illinois |
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what they are, what they protectA trademark ("mark") is a word or words, or symbol or graphic design, or combinations of these elements that designate the source of products (goods) – it’s a brand name or logo. Trademarks are displayed on the products and/or the packaging. A service mark is a mark used for services. Trademark rights provide protection against unauthorized use of a confusingly similar mark. Trademark rights are created by commercial use of the trademark. The ™ trademark symbol, or the SM service mark symbol, should be displayed after unregistered marks. Word marks should also be distinguished from neighboring text by a different font style and/or font size. Federal registration enhances the protections given to the trademark rights created by proper use. The ® registration symbol should be displayed after federally registered marks The ® registration symbol should never be displayed after marks that are not federally registered. A generic term for the product or service sold is not eligible for registration or protection. Words that describe the product or service, or a feature thereof, or an ingredient therein, are not eligible for registration on the Principal Register until secondary meaning has attached to mark (words recognized by consumers as a brand name, rather than a descriptor). other topics - more on trademarks, trademark searches, trademark registrations, domain names, slogans, names as trademarks, IP symbols, naming and branding
Trade names are business names, whether a corporation, partnership, sole proprietorship, or other. Trade name protection is similar to trademark protection, except trade names are not registered and no symbols are used.
Unfair Competition & Section 43(a) Actions Unfair competition protects against unfair business practices, including (but not limited to) trademark and trade name infringements. Section 43(a) of the Lanham Action, 15 U.S.C. 1125(a)(1), provides federal protection against infringement of unregistered marks and trade names and many other forms of unfair competition.
Resources
other topics - trademark myths, naming and branding, oppositions, trademark searches, trademark registrations, slogans
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