Term
| Trademark- General Definition |
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Definition
| Source Identifier for goods or services |
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Term
| Where is trademark Law found? |
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Definition
1) The U.S. Constituion, Article 1, Sec 8 (Commerce Clause)- Congress has right to regulate interstate commerce
2) 15. U.S.C. Secs. 1501 et seq. (US Trademark Act, also known as the Lanham Act).
3) 37 C.F.R. Sec. 2.1 et seq.
4) Manual of TM Examination Proceudres (T.M.E.P.) |
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Term
| Trademark Appeals Procedure |
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Definition
The TTAB (Trademark trial and apeals board) will review the decision of the examining attorney.
If the applicant does not agree with the TTAB's decision, the applicant can appeal to either the US. Ct. of Appeals or the U.S. District Court.
If an applicant appeals to the US Ct. of Appeals, they may then appeal to the Supreme Court.
If the applicant appeals to the U.S. District Court, then the applicant may appeal to US Ct. Of Appeals, an then to the Supreme Court.
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Term
| Why would an applicant appeal to the U.S. District Court over the U.S. Court of Appeals? |
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Definition
| An applicant may want to appeal to the U.S. District Court in order to present additional evidence that you didn't get to present to the examining attorney b/c the District Court will review things De Novo. When appealing to the TTAB or to the US Court of Appeals, they will only review the application of the law so no new evidence will be allowed. |
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Term
| What are the Different types of mark? |
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Definition
1) A trademark
2) Service mark
3) Collective Mark
4) Certification |
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Term
| Trademark- (definition as opposed to a service, collective, certification mark, etc.) |
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Definition
| Trademark is a source identifier for goods |
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Term
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Definition
| A service mark is a source identifier for services |
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Term
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Definition
| Identifies memership in an organization (E.G. ABA, NFL)- It basically says that you can use this mark if you meet their requirements for membership. |
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Term
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Definition
| It identifies that a product or service meets a certain set of standards (i.e. the UL Underwiters Laboratory seal of approval) |
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Term
| How Do you Establish Rights to file an application for a trademark registration |
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Definition
1) Using the mark in interstate commerce
2) Intent-to-Use (you have a bonnad fid intent to use the mark in interstate commerce at a future-date (typically within the next 3 years).
3) Possess a foreign tm application
4) Possess a foreign tm registration |
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Term
| What kind of use must use be? |
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Definition
| The mark must be used in interstate commerce. Basically, as long as you use the mark in at least two states. This triggers the ability to seek a federal registration for the entire U.S under the Lanahm act. |
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Term
| How do you obtain common law rights to a trademark in a particular area (not national)? |
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Definition
You build common law rights in a particular area simply by using the mark in that area. So for example, if you are using the mark Blurtle for restaurant services in Seattle, you have rights to us the mark in Seattle; however, you cannot register it under the Lanham act b/c it is not used in interstate commerce.
If someone else is using the mark in Ohio and Indiana on restaurant services they may seek a U.S. registration under the Lanahm act, but they can never use the mark in Seattle b/c you under common law have prior rights there. |
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Term
| Can you obtain a tm registration in some states? |
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Definition
| Yes, some states will allow you to obtain a tm registraion in those states. |
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