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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 ...
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 ...
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.
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.
The Trade Mark Act of 1881, instead, justified its authority under the Commerce Clause. Further reading [ edit ] "Early Developments in United States Trademark Law" by Ross Housewright
In United States trademark law, the Principal Register is the primary register of trademarks maintained by the United States Patent and Trademark Office. It is governed by Subchapter I of the Lanham Act. Having a mark registered under the Principal Register confers certain benefits on the holder of the mark. Among them are: Provisions for ...
The Court did not exclude all possibility of Congress regulating trademarks. Congress, however, read the decision very strictly and in a new trademark law enacted in 1881 regulated only trademarks used in commerce with foreign nations, and with the Indian tribes, areas specified under the Commerce Clause.
For the patent doctrine regarding equivalent means to practice an invention, see Doctrine of equivalents. The doctrine of foreign equivalents is a rule applied in United States trademark law which requires courts and the TTAB to translate foreign words in determining whether they are registrable as trademarks, or confusingly similar with ...