• International Domain Name and Trademark - Affirmative Defenses to Use of a Trademark

Affirmative Defenses To Use Of A Trademark

In a trademark infringement lawsuit, a suspect can appeal for a number of affirmative defenses available. An affirmative defense is the right of a suspect to defend himself and which would mean assaulting the truth of the claim. There can be various ways through which a suspect can defend himself. This would mean he can use various ways of affirmative defense to defend himself. Suspects can dispute and prove in the court of law that the claimant has discarded the trademark or he may further bend down to say that the trademark is a generic one. More...

Finding A List Of Trademark Names

Just think, you are about to open a new company and you have thought of a very impressive name for your company. However, it may happen that after disclosing names or ideas about your company, others may use the same. It’s very important to legally protect name of your company or any product from being copied by others. Trademarks protect the rights of owners of a company, keeping others from using their names on similar or competing products or services. Trademarks also protect consumers; by preventing other companies from using the names or marks of others, consumers can be confident of who they're buying from. More...

Fraudulent Use Of A Trademark

With increasing efforts of getting a trademark for one’s products or services, fraudulent use of trademark is also increasing day by day. This has led to the Trademark Office to toughen the trademark registration processes. The law restricts registration of the mark to the actual uses made; it has no control over and has no way to investigate how trademarks are used outside in the market. More...

How To Trademark A Slogan ?

The United States Copyright law doesn’t grant copyright of a slogan. However, if a slogan signifies and categorizes the source of goods or services, then it may qualify for a trademark. Strict rules and regulations exist for determining whether or not a slogan can become a registered mark i.e. trademark. There are several parameters through which a slogan is gauged and then a trademark is granted. More...

International Domain Name And Trademark

The relationship between international domain name and trademark has become one of the most disputative issues of the commercial development of the Internet and the trademark law. Usually, all companies try to acquire registration of domain names which are similar to their trademarks. This has led to an acute problem in relation to the international domain name and the trademark law. The trademark law grants the right of sharing the same name among many units, if they are not in rivals in business. More...