Trademark law for the radio executive

Trademark Law for the Broadcast Executive RONALD D. COLEMAN

… the SHORT course RONALD D. COLEMAN

WHAT IS A TRADEMARK?
• A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
• A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods. There is little legal distinction between trademarks and service marks.
Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog www.likelihoodofconfusion.com

WHAT IS A ® TRADEMARK?
SHOULD I REGISTER MY MARK?
Is registration of my mark required?
No. You can establish rights in a mark based on use of the mark in commerce , without a registration.
However, owning a federal trademark registration on the Principal Register provides several advantages, including:
Public notice of your claim of ownership of the mark;
A legal presumption of your ownership of the mark and your exclusive right to use the mark
nationwide on or in connection with the goods/services listed in the registration;
The ability to bring an action concerning the mark in federal court;
The use of the U.S. registration as a basis to obtain registration in foreign countries;
The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP)
Service to prevent importation of infringing foreign goods;
The right to use the federal registration symbol ® ; and
Listing in the United States Patent and Trademark Office’s online databases.

THE ANCIENT TEST FOR TRADEMARK INFRINGEMENT
LIKELIHOOD OF
CONFUSION

Gets less constitutional protection : ‘It’s “hardy” because it’s motivated by $$.’
COMMERCIAL SPEECH Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog www.likelihoodofconfusion.com

LIKELIHOOD OF
CONFUSION
THE TEST FOR TRADEMARK INFRINGEMENT Ron Coleman ‘s LIKELIHOOD OF CONFUSION® Blog www.likelihoodofconfusion.com

“ Mistakes have been made …” Yay Yay!

WHY ELSE WORRY ABOUT TRADEMARKS?

Thank you! RONALD D. COLEMAN 1983 2011

Trademark law for the radio executive

by Ronald Coleman

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