Common Trademark Law Rights and Why They Are Important


What Is A Trademark? A trademark is a phrase, word, or symbol that is owned by the original creators. That makes it illegal to be replicated or used by other people and brands. An example of a trademark is Adidas. The Adidas logo is only on products created under that company alone. It’s an important part of their brand and easily recognizable. Other companies and brands are at risk of being sued if it is found that they have illegally used the logo. Color schemes, packaging, and the use of characters are also considered trademarks. Trademarks are governed by federal and state laws so repercussions like trademark lawsuits for breaking such laws are absolute. In the event of a lawsuit, you will need a lawyer, but before we get into the importance of legal protection, let’s first investigate how trademarks are formed. How Trademarks Are Determined Trademarks go through a series of reviews that determine which category it falls into. There are 4 different types of trademarks such as: * Arbitrary/fanciful trademark: An arbitrary/fanciful trademark has no relation between the intended trademark and product. In this case, the name of a company has no relation to the products that the company sells to the public. For example, “Apple” sells electronics. * Suggestive mark: A suggestive mark is a logo or name that is not entirely related to the product but is structured to have some similarity or relation. For example, from “PlayStation” it makes sense for it to produce video games and consoles to play games on. * Descriptive trademark: A descriptive trademark is directly related and can describe the product. A great example of this is “Goldfish” snack crackers. They have branched out to additional types of colored crackers and various flavors; however, their original design is a cracker with an orange and gold undertone shaped like fish. * Generic Trademark: A generic trademark describes the overall category that the product is involved in. For example, “Phones” is a generic term to sell cell phones. A generic trademark is not under copyrighted law because of how general it is. Whoever was to own such a trademark would have a much higher advantage in that industry. * Trademarks’ primary function is to bring value to their company and their customers. Certain logos create an emotional response in their consumers that is taken very seriously. That internal connection is responsible for most well-known companies to continue their sales. They have built a sturdy and consistent foundation because their products and services that anything that brings harm to their trademark will not be handled lightly. How A Trademark Is Lost 1. Abandonment
In order for a trademark to remain trademarked, it has to be in use. Trademark rights can be lost in the event that it is improperly licensed or abandoned. For a trademark to be abandoned, it has to be idle for about three years. 2. Improper assignment and licensing If there are no assets being sold and a lack of income, a trademark can be canceled. A franchise without supervision by the franchise owner or quality control will also be at risk for cancellation. It needs to serve a motive for the selling of a product or good to continue to be owned. 3. Too general A trademark can be canceled if it is too general. As stated before, a general name for a product can disturb the authenticity of the product. A name that describes the entire industry of one category is not fair to other companies selling the same category of products. That means that they could not use the work to simply state what the product is. Another example of this is “drink”. The Law * Infringement, also known as a trademark lawsuit is an act of stealing the design or name from one that is already trademarked. Companies and owners are legally allowed to sue for infringement. This applies to color schemes, clothing designs, sounds, names, logos, etc. Anything close to the original will raise suspicions among the company and the public. The largest reason for such laws is to cease wrongful credit and confusion of consumers. * Dilution is another branch of infringement related to “famous” trademarks. Dilution is when the owner of the brand entirely restricts the use of the logo in any way that would lessen the authenticity of the brand. Companies that are in association or sponsoring each other can spike such a situation. A parody of the brand's logo can count as dilution as long as there is not a relation to commercial use. * Confusion of a trademark is repelled when a company is trying to set a trademark for itself. Any relating factors to another already established brand will fall under the confusion category. * A trademark lawyer will be needed to prove any illegal actions have occurred between two trademarks. In order to ensure the profitability of your business for years to come, you need to ensure you have a patent or trademark. Countless times, great business ideas have been stolen and oftentimes made better by smaller companies looking to strike a larger profit. You need a trademark to protect your intellectual property. Similarly, acquiring the aid of a trademark lawyer will prove beneficial in the long run. These individuals have a deep understanding of trademark law and will be able to direct you through the process, alleviating any issues you might have. A trademark lawsuit is the last thing you want to be faced with. It’s expensive, emotionally taxing, but most importantly, it’s preventable. If you would have taken the care initially and hired the services of an attorney, you would have avoided the likelihood of an eventual lawsuit and even be protected under the law due to the actions you took early on in the development of your business. You seriously don’t want to be caught without one, especially due to how influential branding has become. Protect yourself and your assets - a lawyer is the first step to that!

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