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A trademark is a word, phrase, or logo that identifies the source of goods or services. [ 1 ] Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of ...
t. e. The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.
A trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods. ^ "Trademarks". WIPO. Retrieved 13 October 2024.
The Lanham (Trademark) Act (Pub. L. 79–489, 60 Stat. 427, enacted July 5, 1946, codified at 15 U.S.C. § 1051 et seq. (15 U.S.C. ch. 22) is the primary federal trademark statute in the United States. In other words, the Act is the primary statutory foundation of United States trademark law at the federal level.
A court of appeals decision regarding trademark registration affirming the Commissioner of Patent's decision, and directing the clerk to certify its opinion to the Commissioner, is not final and appealable to the Supreme Court. A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co. 201 U.S. 166.
D. Dastar Corp. v. Twentieth Century Fox Film Corp. 539 U.S. 23 (2003) (it is a misuse of trademark law to try to use the doctrine of reverse passing off to assert protection over a formerly copyrighted work which has passed into public domain) Derry v. Peek (1888) LR 14 App Cas 337.
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark. It has no authority to determine the right to use one, nor broader questions of infringement, unfair competition, damages or injunctive relief.
In the United States, trademark law includes a fair use defense, sometimes called " trademark fair use " to distinguish it from the better-known fair use doctrine in copyright. Fair use of trademarks is more limited than that which exists in the context of copyright. Many trademarks are adapted from words or symbols that are common to the ...