BLAW 430 Lecture Notes - Lecture 12: Constructive Notice, Affidavit
Document Summary
Creation and protection of trademarks: creation: the user must be the first to use it in trade and must continue to use it thereafter. Must be physically attached goods and advertising: federal registration: must be (a) distinctive and (b) used in interstate commerce (international commerce applies as well) do not need to register but if you do you get additional benefits. 1. gives notice to the world (constructive notice) of owner"s claim to the mark; 4. right to use the mark virtually incontestable after 5 years. Customs office may prevent importation of infringing goods. 6. allows owner to obtain rights in a larger geographical area. Two types of federal trademark registration: use application: where the mark has already been used in trade. If approved, the application is published for opposition. A registration is good for 10 years; in the 6th year the owner must file an affidavit of continuing use.
