October 3, 2023

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The definition of trademark is a logo, word or phrase that recognizes the foundation of services or goods. Trademark law is the legal branch that actually protects a business’ brand or their commercial identity by discouraging other firms or industries from accepting a logo or name this is “dangerously alike” to a trademark that exists today. The purpose is so that consumers would be allowed detect the services and goods so that the customer may avoid any misunderstandings.

The Lanham Act actually governs the trademark laws in the United States. When a business customs a logo or name brand in commerce, the common law trademark rights become enforceable in state courts. The United States Patent and Trademark Office always registered a mark used by a business entity. These marks that are registered by this federal office offers more protection in the United States District Courts than their unregistered mark counterparts. The unregistered and registered trademarks are covered under the Lanham Act and this act generally offers some degree of protection in the federal courts. 

The United States Trademark Law History

Since the colonial times, the state common laws in the United States has protected any trademarks. In 1870, Congress attempted to first establish a regime for trademarks in federal jurisdictions. The Copyright Clause powers customized by Congress were struck down by the Supreme Court in 1870 due to some Trade-Mark cases. A new trademark act was established in 1881 and with the trademark Commerce Clause powers, Congress once again reviewed the Trademark Act in the year of 1905.

In the year of 1946, the Lanham Act was passed by Congress. This act explains the trademarks that are under federal protection as well as their registration rules and regulations. The “USPTO” or United States Patent and Trademark Office grants federal managerial experts authority over the registration of trademarks in the United States of America.The Commonwealth state law legal system continues to pile on their own laws of protection which actually complicates and complements the United States system of trademarks.

What to do to Acquire Trademark Rights

In the normal course of business, trademark rights are assimilated through the use of the trademark by commerce. An example would be by a business using their logo or name of their brand on retail packaging or on another product that they may be selling. A trademark maintenance dallas company may be able to assist a person further with a legal evaluation for their mark.

What can help Qualify for a Trademark

A phrase, word, or logo can help achieve an actual trademark in today’s world. A scent, slogan or name, musical notes and shape of a container of a particular product may also qualify for a trademark in the United States. Really anything unique not being used currently can be a trademark.

Trademark Strengths

Trademarks in today’s world may afford some businesses a more potent protections or rights more so than other products. The more adjacent between the goods and the trademark, the more fragile the mark becomes. There are four distinctions for trademarks and they are: 1) Generic; 2) Suggestive; 3) Descriptive and 4) Fanciful or Arbitrary.The United States First Amendment guarantees free speech, but the federal laws offers fair protections for a “fair use defense” to the infringement of a particular trademark.