A significant portion of our business involves filing and obtaining domestic and international trademark protection for our clients. Below is a summary of some of the characteristics of trademarks.
a. A trademark is a word, name symbol or device or any combination thereof adopted and used by a user to identify the goods and distinguish them from those manufactured or sold by others such as competitors.
B. Federal trademark registration
a. By far the best way to protect a mark is by filing for Federal Registration of the mark. A Federal Registration provides notice of claim of ownership and gives many rights to the owner of the registered trademark including the right to bring suit in U.S. Federal Court and may be used to prevent the importation of infringing goods.
C. Types of trademark applications
a. A trademark application may be based on actual prior use in commerce.
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