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Trademark Overview
What is protectable under trademark law?
A trademark is anything that indicates source, sponsorship, affiliation, or other relation of a product or service to a business. The specific identity of the business does not need to be known.
Trademark protection lasts as long as the trade dress or trademark indicates source. This generally means that the protection lasts as long as the trademark or trade dress is being used with some exceptions. Registrations require renewal.
What type of competition does trademark law prohibit?
Trademark law prevents consumer confusion as to the source of products or services. (i.e., good will). There is a second minor trend that trademarks are like property and diminishment of value is basis for an infringement action.
What is the geographic scope of protection of a trademark?
Common law trademarks, i.e., unregistered, exist in the area in which the mark is being used or is known. State registrations exist throughout the state. Federal registrations exist throughout the country. First in time is first in right. Thus, two or more users may all have the same rights in different locations if the first user did not promptly obtain a federal registration.
How important is federal trademark registration?
Federal registration is a must to avoid future expansion problems due to geographic scope issues.
About the Author:
N. Paul Friederichs, founder, started practice as a patent attorney in 1992 at a major Minneapolis, Minnesota law firm where he was the highest performing associate. In 1993, he started and developed Friederichs Law Firm with his father. Throughout this time Paul�s experience was heavily weighted toward litigation. He served such clients as Tonka Toys, American Harvest and Boston Medical.
He can be reached at http://www.angenehm.com/