Question: Do I have trademark rights in my domain name?
FAQ about Domain Names and Trademarks -- Chilling Effects Cl...Answer: You may actually have trademark rights superior to those of your accuser. You may have such trademark rights because b) you have a pending "intent to use" trademark application, of which the filing date predates the use of the mark by your accuser; c) you have a pending "use based" trademark application and your date of first use predates the first use of the mark by your accuser; or In the U.S., the person who establishes priority in a mark gains the ultimate right to use it.
Related QuestionsQuestion: What are the limits of trademark rights?
FAQ about Trademark -- Chilling Effects ClearinghouseThe term is a way to describe another good or service, using its descriptive term and not its secondary meaning. The idea behind this fair use is that a trademark holder does not have the exclusive right to use a word that is merely descriptive, since this decreases the words available to describe.
Related QuestionsQuestion: How long do trademark rights last?
FAQ about Trademark -- Chilling Effects ClearinghouseAnswer: Trademark rights can last indefinitely if the trademark owner continues to use the mark to identify goods or services. According to the PTO website, "The term of a federal trademark registration is 10 years, with 10-year renewal terms. However, between the fifth and sixth year after the date of initial registration, the registrant must file an affidavit setting forth certain information to keep the registration alive. If no affidavit is filed, the registration is canceled."
Related QuestionsCan I acquire trademark rights in my domain name?
Frequently Asked Questions about trademarks | Your Trademark...Yes. All you need to do is use your domain name as if it were a trademark. Read Proper Use of a domain name for details.
Related QuestionsQuestion: What exactly are the rights a trademark owner has?
FAQ about Trademark -- Chilling Effects ClearinghouseAnswer: In the US, trademark rights come from actual use of the mark to label one's services or products or they come from filing an application with the Patent and Trademark Office (PTO) that states an intention to use the mark in future commerce. In most foreign countries, trademarks are valid only upon registration. The person who establishes priority rights in a mark gains the exclusive right to use it to label or identify their goods or services, and to authorize others to do so.
Related QuestionsQuestion: Do I have to register my brand name to get trademark rights?
FAQ about Trademark -- Chilling Effects ClearinghouseAnswer: Not in the United States. Here, you do not need to register a mark to establish rights to it, though registration provides important advantages. Registering a mark means that the registrant is presumed to be the owner of the mark for goods and services specified in the application. This makes proving your rights easier in court. However, US federal law also provides rights to unregistered (“common law”) marks if they are actually used in commerce.
Related QuestionsQuestion: What are "common law" rights in a trademark?
FAQ about Trademark -- Chilling Effects ClearinghouseAnswer: Common law rights are those that are recognized by courts as a matter of traditional equitable principles and fairness, even when there is no statute or other law that has been enacted by the legislative branch of government to cover the situation. It also arises from the leeway that judges have in interpretating the language of the written laws when the meaning is not clear. Common law is often known as "judge-made" law.
Related QuestionsHow are trademark rights acquired?
Trademark FAQ'sTrademark rights are not acquired through the registration process. Common law ownership rights are acquired through actual use of the mark in commerce. Generally, the first person to use a trademark is the first person to acquire rights to the mark.
Related QuestionsWhat rights do trademark holders have?
FAQ about Fan Fiction -- Chilling Effects ClearinghouseA trademark owner has the right to use exclusively, or to license the name or likeness of his character to avoid customer confusion and to prevent others from profiting off of the owner's intellectual property. For example, you can't market "Star Wars ray guns", because LucasFilm owns the right to that name, and customers may be confused into thinking that your ray gun is sponsored or produced by LucasFilm.
Related QuestionsHow Do I Get Trademark Rights?
Trademark Registration - Register a Trademark Application In...To own a trademark in the United States all you need to do is be the first to use it in trade and make continuous use of the mark thereafter. In addition, you need to make proper use of it (1) to use it in interstate commerce, and (2) in a way that permits consumers to distinguish your particular goods and services from those of another producer.
Related QuestionsQuestion: Can a trademark give someone rights in common words and letters?
FAQ about Domain Names and Trademarks -- Chilling Effects Cl...Answer: Not all identifying names and phrases can be protected by trademarks. Protection depends on a mark's strength, which is determined by how it is categorized. There are four categories (in descending order of strength): arbitrary mark receives the most protection since the name bears no relationship to the product -- it implies imagination and thought. Kodak is an example of an arbitrary mark because the name itself suggests no connection to film or camera equipment.
Related QuestionsIs my domain name a trademark?
justtrademarks.comMaybe, maybe not. Whether your domain name is a trademark depends upon how you are using it. If it is a distinctive name that is also happens to be your company name for example, then it is probably a trademark (Amazon.com is a good example). If your domain name is simply an address for your customers to find you on the internet and you don’t use the name in any other way, then it is probably not a trademark.
Related QuestionsHow do I trademark my domain name?
Frequently Asked Questions About Domain Name Security - The ...Through its online partners, Network Solutions provides a variety of services that simplify the process of both incorporating your business and trademarking your business's domain name, providing you with legal protection against unauthorized or unlawful use of your trademark; in some instances, business logos can also be trademarked.
Related QuestionsQUESTION: Can Marksmen provide valuation of a domain name or trademark?
Marksmen: IP Investigation, Acquisition and Internet WatchANSWER: Yes. This is looking only at the potential of a domain name's value and not at other matrices. Typically this is a combination of about 5-10 hours due diligence on what similar names are being sold on after-market Web sites, review of the USPTO to determine others who in good faith can use the name, combined with a reckoning based on our experience of acquiring over 3,500 names. This service is billed at a flat rate. ANSWER: Certainly.
Related QuestionsQUESTION: Can you monitor our trademark in domain name registrations worldwide?
Marksmen: IP Investigation, Acquisition and Internet WatchANSWER: Yes. We offer a one-time global wildcard search that covers 180 countries and 240 jurisdictional domain name registries, and/or a monthly ongoing subscription watch.
Related QuestionsQuestion: How can I find out if someone has a valid trademark?
FAQ about Trademark -- Chilling Effects ClearinghouseAnswer: It isn't easy. In the United States, a trademark owner isn't required to register the mark anywhere, so there is no single central list of them all. Unlike most other nations, registration here is optional. Many owners do register their marks with the government, however, to better notify the world of their claims. Each state has its own trademark registry for goods and services sold locally.
Related QuestionsQuestion: How do I register a trademark?
FAQ about Trademark -- Chilling Effects Clearinghousefile an intent to use application, which states that you honestly intend to use the mark in commerce. The mark must be associated with commerce, instead of simply being a mark that you want to reserve. Merely using the mark in advertising or promotion does not qualify under this category -- the use must be associated with an actual commercial purpose, or non-US applicants only) file based on an existing foreign registration. All applications require a fee.
Related QuestionsQuestion: What is trademark tarnishment?
FAQ about Trademark -- Chilling Effects ClearinghouseAnswer: Trademark "tarnishment," a kind of dilution, can occur if a non-owner uses the mark in connection with shoddy or unsavory products or services, illegal activity, or activity that is likely to offend the average person. For example, using a Walt Disney trademark on a website filled with pornography could be claimed to tarnish the reputation of the Disney mark in the minds of viewers who saw this material. Tarnishment is not always actionable -- it might be non-commercial or parody use.
Related QuestionsQuestion: What is trademark misuse?
FAQ about Trademark -- Chilling Effects ClearinghouseAnswer: Trademark Misuse is a largely theoretical argument about how a trademark holder can use its rights. It would be similar to the defenses brought in copyright and patent cases, which dictate that if the owner of the intellectual property rights (e.g. a patent or copyright) over-exerts its rights (e.g forces someone to buy an unrelated product to gain acess to the protected work), then the copyright or patent holder loses its right to sue for infringement.
Related QuestionsHow are trademark rights obtained?
Cooley Godward Kronish LLP | Trademark FAQIn the United States, Canada and the United Kingdom (as well as most former British Commonwealth countries), the rule is "first to use." In other words, trademark rights are obtained by actual use of the trademark on a product or service in commerce. Registration is not required, but it gives important advantages. In most other countries, the rule is "first to file." This means that rights are obtained by registration with the government.
Related QuestionsHow can I protect my trademark rights?
Cooley Godward Kronish LLP | Trademark FAQAdvertise your ownership. The? ??? symbol is used for unregistered trademarks, while the ?? symbol indicates that a mark is registered with an official agency such as the United States Patent and Trademark Office, the Canadian Intellectual Property Office or the Office for Harmonization of the Internal Market (the European Community trademark agency). Using the appropriate symbol next to your trademarks advertises your company???s ownership of its marks. Use your trademarks correctly.
Related QuestionsBodner & O'Rourke, LLP, is a new york law firm specializ...By filing an application with the United States Patent and Trademark Office (hereinafter based on a bona fide intent to use the mark on a product or in association with a service that is soon to be offered to the public, or Under federal law, an application for registration may be filed based on either actual use of the mark or a bona fide intent to use the mark in commerce.Related Questions
How Do I Establish Trademark Rights?
Copysearch - Frequently Asked QuestionsTrademark rights arise from either 1) actual use of the mark in commerce, or 2) the filing of a proper application to register application to register a mark in the Patent and Trademark Office (USPTO) stating the the applicant has a bona fide intention-to-use the mark in commerce. (The terms "commerce" and "use in commerce" are specialized terms, usually meaning interstate commerce that can be regulated by the U.S. Congress; please see below).
Related QuestionsHow are trademark rights established?
FAQ on TrademarksIn the United States, trademark rights are created through actual use of a trademark. However, as of 1989, a trademark may be reserved by filing an Intent to Use trademark application prior to actual use.
Related QuestionsWhat is a trademark?
Trademark FAQ'sA trademark may be a word, symbol, logo, slogan, or any combination thereof that is used to identify and distinguish one person’s goods or services from the goods or services of another, and serves as an indicator of source of the goods or services. A consumer encountering a trademark identifies products bearing the same mark to be sold by, or produced by, the same producer, even if the name of that producer is unknown to the consumer.
Related QuestionsFirst Stop Business Center - Frequently Asked QuestionsA trademark is any word, name, symbol, device or combination thereof adopted and used by a person or entity to identify goods made or sold and to distinguish them from the goods made or sold by another person. If products or goods are sold, think "trademark." (O.C.G.A 10-1-440) Examples of trademarks are: Coca-Cola (soft drink beverage), Microsoft (computer software) and USA Today (newspaper/publication).Related Questions
Question: Where can I find federal trademark registrations?
FAQ about Trademark -- Chilling Effects ClearinghouseAnswer: The United States Patent & Trademark Office (USPTO) keeps the US federal registry of trademarks. It has an online search capability, TESS, which contains more than 3 million pending, registered and dead federal trademarks. This database may not be complete. One should check the News page to see how current the information actually is. Be aware: not all trademarks are contained in the US federal register.
Related QuestionsQuestion: Where can I find federal trademark law?
FAQ about Trademark -- Chilling Effects ClearinghouseAnswer: To be protected by federal trademark law, the marked goods and services must be used in interstate commerce. Federal trademark law is known as the Lanham Act. It protects marks that are registered with the United States Patent & Trademark Office as well as those that are in use but never registered. Court opinions and United States Patent & Trademark Office (USPTO) regulations also interpret trademark rights and remedies.
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