If you’re planning on launching a product or service, you should consider protecting it with a trademark. It’s one of the best ways to protect your brand from competitors, says Scott McDowell, a trademark attorney. A trademark registration hong kong https://www.accoladeip.com/us/en/trademark-search/ is a word, name, symbol or design that distinguishes your product from the products of others in the market. It helps prevent consumers from being misled and helps ensure the legal origin of your goods or services.
Registration
Registering a trademark gives you the legal right to use a name, word, phrase, or image to distinguish your goods and services from those of others. It also establishes your brand’s reputation and allows you to signal to consumers that your products or services meet your quality standards.
While you can start using your brand without registering it, it’s strongly recommended that you do so. A registered mark gives you protection against copycats that might try to mimic your brand, as well as from counterfeiters who might try to import knock-off products.
You should search the federal database for any similar marks to ensure that you’re not infringing on an already-registered mark. This is critical to make sure you don’t end up spending thousands of dollars rebranding later on if your name is too similar to an existing one.
Once your trademark is registered, it’s important to maintain it by filing specific maintenance documents to keep it active and protect your rights. If you fail to do so, it will likely result in the cancellation of your registration.
Maintenance
If you’ve registered your trademark registration hong kong with the United States Patent and Trademark Office (USPTO), you have some hard-earned protection against would-be infringers. However, that doesn’t mean that your brand is protected forever—you still have to keep your trademark registered and in good standing, and you have to follow specific maintenance steps to make sure it stays that way.
One of the most important maintenance tasks is filing regular documents within certain times to demonstrate your continued use of your mark with the goods and services it’s registered for. If you miss a deadline, your registration will be abandoned.
When you file a required maintenance document, you usually submit a declaration and specimens showing you’re still using your trademark with the goods or services listed in your registration. If you stop using your mark with one or more of these goods or services between maintenance filings, you should file a section 7 request to delete them from your registration. You won’t be charged a fee for doing this.
Abandonment
A trademark can be considered abandoned if the owner has not used the mark for three years, or has no current intent to resume use. In either situation, the burden of proof shifts to the owner, who must demonstrate that they have an intent to resume use.
In addition to the three-year requirement, a mark can be deemed abandoned based on other circumstances. If a mark has been used for no more than six months, then it can be considered prima facie evidence of abandonment.
Abandonment may occur for a number of reasons, including failure to prosecute infringement. This is not to say that senior trademark holders should not aggressively pursue infringement cases, but it does mean that they must be willing to lose the rights to their marks over time. Federal courts, including the Second and Fifth Circuits, and the TTAB have all favored this position.
Infringement
A trademark is a word, phrase, logo or other symbol that distinguishes one product and its manufacturer from another. When a business or entity has a registered trademark it should run a trademark search to ensure that another business or entity is not using a similar name, as this can be a serious legal problem.
Trademark infringement occurs when someone uses a trademark to trade in the same goods or services that are covered by the registered mark, causing confusion in the minds of consumers as to the source of these goods or services. It may also occur where a person takes unfair advantage of the reputation that the registered mark has, for example by using a similar trade mark to sell a competing product.
Infringement can also occur in the case of copyright, where a person uses a protected work without permission. This can include using a protected image, musical recording or article in a book, film, radio or television show.
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