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Other Types of Trademarks Coca-cola bottle Sounds
Unregistered Trademarks Under U.S. law, trademarks do not have to be registered in order to be entitled to protection Unregistered trademarks can and do prevail over well-known trademarks Amazon bookstore Who’s Your Patty?
Trademark Searches US rule – “first to use” Search reveals “confusingly similar” trademarks Avoid problems with registration Avoid devoting resources to brand management
Trademark Registration Process Trademarks are registered with the Patent & Trademark Office State registration is possible Application is filed Mark (including JPEG of design) Description of goods and services Specimen of use First use date
Trademark Registration Process Application is reviewed by trademark examiner Office Action and responses Approval of application Publication in Trademark Gazette Trademark is registered Notice of Allowance for ITU applications Process usually takes a minimum of 9 months
Maintaining a Registration Affidavit of Use and Incontestability filed between 5th and 6th anniversary Affidavit of Use and Renewal filed within 1 year before every 10th anniversary Trademark must be in use for all listed goods or services, or list must be amended
Benefits of Trademark Registration Prima facie evidence of exclusive rights Incontestability Constructive notice Remedies for infringement under Lanham Act Ability to use “®” symbol
International Registration Trademarks can be registered in other countries EU registration Madrid Protocol
Trademark Selection Arbitrary or fanciful trademarks are best “strength” of mark Brand consultants Trademark searching Word marks vs. design marks
Domain Name Protection Anti-Cybersquatting Consumer Protection Act Uniform Dispute Resolution Procedure Generally, anyone who registers a domain name confusingly similar to a trademark in bad faith can be required to turn over the domain name
Internet Trademark Issues Metatags and search keywords Brand-Squatting “Sucks” sites Parody Twitter “impersonation” accounts Fair Use
Copyright Issues Copyright vests in “creative works fixed in a tangible medium” Literary, dramatic, musical, artistic, or other works Copyright in a work is owned by the author Exceptions – fair use, assignment
Digital Millennium Copyright Act Criminalizes the use of anti-circumvention measures MORE IMPORTANTLY, provides protection for online service providers Designation of copyright agent Takedown notices