Any recent graduate of trademark grammar school knows, at least, the following twenty facts (perhaps there is, at least, one opinion among them):
- A trademark identifies, distinguishes, and indicates the origin of goods;
- A trademark should be
Any recent graduate of trademark grammar school knows, at least, the following twenty facts (perhaps there is, at least, one opinion among them):
- A trademark identifies, distinguishes, and indicates the origin of goods;
- A trademark should be searched and cleared before adoption and first use;
- A trademark needs a trademark attorney to take a position on availability;
- A trademark is one form of intellectual property;
- A trademark can be federally registered;
- A trademark is not a patent;
- A trademark is not a copyright;
- A trademark is not limited to distinctive words and symbols, but includes devices too.
- A trademark cannot be composed of functional subject matter.
- A trademark can offend.
- A trademark sometimes can be truncated.
- A trademark can cause a likelihood of confusion;
- A trademark can be infringed and even diluted (if famous);
- A trademark can be misused as the overreaching weapon of a trademark bully.
- A trademark that is suggestive is inherently better than a descriptive one.
- A trademark sometimes can become generic and available for anyone to use.
- A trademark is an adjective that modifies a noun, i.e., Rollerblade in-line skates.
- The word “trademark” has both noun and verb meanings (making some unhappy);
- Best to avoid the d-word when explaining the genesis of your trademark.
- Dated trademark advice is dangerous.
Could you graduate from trademark grammar school?
Your GPA? Any surprises here?