JOUR 302 Lecture Notes - Lecture 6: United States Patent And Trademark Office, Fendi, Garnishment

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26 Jul 2018
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Types of trademarks: common law, state registered, federal registered. Common law: an unregistered trademark that may provide protection starting the day used in commerce within the local area in which it"s known. If used in commerce before a state or federally registered trademark, it has a right to preclude use of the confusingly similar name within the local area. State registered: trademarks may vary from state to state, with many states mandating similar requirements as a federal trademark application, but also many states that are far easier to obtain registration compared to uspto. Trademark rights exist only in the state(s) in which it"s registered. An earlier registered state mark should protect itself against a later federally registered mark that is confusingly similar to the average consumer. State registered trademarks may provide statutory damages and attorney fees for infringement. Federally-registered: trademarks are filed under the u. s. latham act with the.

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