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Results: 4 Answers
Trademarks
6.
Rights of registered and unregistered marks
6.1
What, if any, protection is afforded to unregistered trademarks?
 
United States
Unregistered trademarks that a seller uses in US or local commerce to identify its goods or services are recognised and protected by the common law. The common law provides a cause of action for trademark infringement. In addition, Section 43 of the Lanham Act (15 USC §1125) provides owners of unregistered marks with causes of action for false designations of origin (construed as trademark infringement) and for dilution of famous marks by blurring or tarnishment.

For more information about this answer please contact: John Crittenden from Cooley LLP
6.2
What legal rights are conferred by a trademark registration?
 
United States
Registration on the Principal Register confers the following rights:

  • the right to use the ® registered trademark symbol;
  • the right to file suit for trademark infringement in federal court and seek monetary relief;
  • a bar to registration of another mark that might give rise to a likelihood of confusion;
  • a basis for an international trademark application;
  • a statutory presumption that the mark is valid, the owner is the owner of the mark and the owner has the exclusive right to use the mark;
  • proof that the mark has acquired secondary meaning;
  • constructive notice of the owner’s claim of ownership;
  • nationwide priority as of the filing date; and
  • after five years of continuous, substantially exclusive use, incontestability (limiting the defences that may be asserted against it).

See Sections 7 and 15 of the Lanham Act (15 USC §§1051, 1065).

For more information about this answer please contact: John Crittenden from Cooley LLP
6.3
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
 
United States
Registration on the Supplemental Register confers the following rights:

  • the right to use the ® registered trademark symbol;
  • the right to file suit for trademark infringement in federal court and seek monetary relief;
  • a bar to registration of another mark that might give rise to a likelihood of confusion; and
  • a basis for an international trademark application.

See Sections 23 to 28 of the Lanham Act (15 USC §§1091-96).

For more information about this answer please contact: John Crittenden from Cooley LLP
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