Trademark Counterfeits Trademark Law Intellectual Property
What if someone counterfeits my trademark?
If someone counterfeits marks, that is knowingly using an identical mark, there may be:
(a) criminal penalties,
(b) seizure of the goods,
(3) pre-judgment interest,
(4) treble damages.
Read more to view related video clips.
Trademark Damages Calculated Trademark Law Intellectual Property
How are damages calculated?
If your trademark has been infringed, you may sue to recover:
(1) Actual damages, including lost profits, and injury to reputation. (While the Court has the discretion to double or triple this award if it deems it appropriate in the interests of justice, such awards are [...]
Trademark Imitation Trademark Law Intellectual Property
If I can’t copy the name, might I imitate the ‘look and feel’?
The trademark laws may protect distinctive elements of design, decorative or non-functional aspects of a business under the concept of “trade dress”. The United States Supreme Court has dealt with this issue on several occasions. Protection is indeed [...]
Foreign Trademark Applications Trademark Law Intellectual Property
What about foreign applications?
If you expect your product to have international legs, you need to discuss this with a trademark attorney immediately, ideally BEFORE your suppliers and sales force and agencies know about it. No matter how deeply they are sworn to secrecy the word may leak. The danger [...]
Lon Term Saving Trademark Law Intellectual Property
How do you save money and avoid problems long term?
By not being penny wise and pound foolish. Trademark law is clearly an area where it pays to spend the money and do it right the first time. Move fast! Get the search and filing done on an expedited basis, [...]
Trademark Search Trademark Law Intellectual Property
Do you really have to search?
Yes. Increasingly the case law is indicating that failure to “adequately search” will leave the “innocent” infringer liable to pay over profits and perhaps even pay punitive damages and attorney’s fees.
Searches cannot be definitive, because there may be small users that are not turned up [...]
Search Trademark Trademark Law Intellectual Property
How to search a trademark?
You can try to search for a trademark on your own to see if any obvious problem pops up as a first step, but if you expect your business or product to become major, and the name will be important to you, you’ll want to retain [...]
Register Canceled Trademark Trademark Law Intellectual Property
Can you register a trademark that shows up in the USPTO database as “cancelled”?
Yes.
Read more to view related video clips.
Government Trademark Filing Trademark Law Intellectual Property
What does the government charge for trademark registration filings?
Effective as of February 1, 2007, the filing fees are as follows:
(1) Application for Trademark (Servicemark) Registration, per class: $325.
(2) Extension for filing Statement of Use, per class: $150.
(3) Application for renewal, per class: $400.
(4) Petition for cancellation, per [...]
Us Trademark Registration Trademark Law Intellectual Property
What is the procedure for registration in the U.S.?
Application for trademark registration occurs before an administrative tribunal. The Trademark Office examines your application and permits it to go forward or denies it. If you lose your arguments for registration, you may then appeal that adverse decision to the Trademark [...]