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United States Trademark Law
A trademark is a word, phrase, or logo that identifies the source of goods or services. Trademark law protects a business' commercial identity or brand by discouraging other businesses from adopting a name or logo that is "confusingly similar" to an existing trademark. The goal is to allow consumers to easily identify the producers of goods and services and avoid confusion. United States trademark law is mainly governed by the Lanham Act. Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks registered with the United States Patent and Trademark Office, U.S. Patent and Trademark Office are given a higher degree of protection in federal courts than unregistered marks—both registered and unregistered trademarks are granted some degree of federal protection under the Lanham Act 43(a). History United States law has protected trademarks under state common law since colonial times, but it wa ...
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Trademark
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. The first legislative act concerning trademarks was passed in 1266 under the reign of Henry III of England, requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on "intent-to-use", creating an examination based process, an ...
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Registered Trademark Symbol
The registered trademark symbol, , is a typographic symbol that provides notice that the preceding word or symbol is a trademark or service mark that has been registered with a national trademark office. A trademark is a symbol, word, or words legally registered or established by use as representing a company, product or service.For example, Unregistered trademarks can instead be marked with the trademark symbol, , while unregistered service marks are marked with the service mark symbol, . The proper manner to display these symbols is immediately following the mark; the symbol is commonly in superscript style, but that is not legally required. In many jurisdictions, only registered trademarks confer easily defended legal rights. In the US, the registered trademark symbol was originally introduced in the Trademark Act of 1946. Because the symbol is not commonly available on typewriters (or ASCII), it was common to approximate it with the characters (or ). An example of a ...
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Trademark Manual Of Examining Procedure
The Trademark Manual of Examining Procedure (TMEP) is a manual published by the United States Patent and Trademark Office (USPTO) for use by trademark attorneys and trademark examiners. It describes all of the laws and regulations that must be followed in order to apply for and maintain a trademark in the United States. It includes explanations of the trademark application and examination process, the various types of trademarks, the Madrid Protocol, and proceedings before the Trademark Trial and Appeal Board. The current edition of the Trademark Manual of Examining Procedure is the October 2018 edition. See also * Acceptable Identification of Goods and Services Manual * Trademark Official Gazette * Manual of Patent Examining Procedure (MPEP) * Compendium of U.S. Copyright Office Practices * Trademark Trial and Appeal Board Manual of Procedure The Trademark Trial and Appeal Board Manual of Procedure (TBMP) is a manual published by the United States Patent and Trademark Office (USP ...
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Constructive Notice
Constructive notice is the legal fictionThe phrase "legal fiction" should not be construed to mean that the concept of constructive notice is legally invalid. that signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it. Overview The doctrine is generally construed with regards to legal notices published, either by posting them at a designated place in a courthouse, or publishing them in a newspaper designated for legal notices. Because both methods of publication are available to the general public (courthouses being open to all members of the general public, and newspapers readily available in public places such as libraries), the person to whom the notice is being issued (even if issued in a generic form, such as "To All Heirs of John Smith, a Resident of Orange County") is considered to have received notice even if they were not actually aware of it. Another use ...
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US Trademark Registration For Apple Computer Logo
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Amer ...
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Generic Term
Trademark distinctiveness is an important concept in the law governing trademarks and service marks. A trademark may be eligible for registration, or registrable, if it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with "inherently distinctive" marks at one end, "generic" and "descriptive" marks with no distinctive character at the other end, and "suggestive" and "arbitrary" marks lying between these two points. "Descriptive" marks must acquire distinctiveness through secondary meaning—consumers have come to recognize the mark as a source indicator—to be protectable. "Generic" terms are used to refer to the product or service itself and cannot be used as trademarks. The spectrum of distinctiveness In United States trademark law, Abercrombie & Fitch Co. v. Hunting World 537 F.2d 4 (2nd Cir. 1976) established the spectrum of trademark distinctiveness in the US, breaking trademarks into classes which ...
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Whirlpool Corporation
The Whirlpool Corporation is an American multinational manufacturer and marketer of home appliances, headquartered in Benton Charter Township, Michigan, United States. The Fortune 500 company has annual revenue of approximately $21 billion, 78,000 employees, and more than 70 manufacturing and technology research centers globally. The company markets its namesake flagship brand Whirlpool, alongside other brands as well including Maytag, KitchenAid, JennAir, Amana, Gladiator GarageWorks, Inglis, Estate, Brastemp, Bauknecht, Hotpoint, Ignis, Indesit, and Consul. In its domestic, United States, market Whirlpool has nine manufacturing facilities: Amana, Iowa; Tulsa, Oklahoma; Cleveland, Tennessee; Clyde, Ohio; Findlay, Ohio; Greenville, Ohio; Marion, Ohio; Ottawa, Ohio; and Fall River, Massachusetts. Together, these American manufacturing facilities account for at least 5% of the company's employees. History Founding and first customers On November 11, 1911, Louis Upton (L ...
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Apple, Inc
Apple Inc. is an American multinational technology company headquartered in Cupertino, California, United States. Apple is the largest technology company by revenue (totaling in 2021) and, as of June 2022, is the world's biggest company by market capitalization, the fourth-largest personal computer vendor by unit sales and second-largest mobile phone manufacturer. It is one of the Big Five American information technology companies, alongside Alphabet, Amazon, Meta, and Microsoft. Apple was founded as Apple Computer Company on April 1, 1976, by Steve Wozniak, Steve Jobs and Ronald Wayne to develop and sell Wozniak's Apple I personal computer. It was incorporated by Jobs and Wozniak as Apple Computer, Inc. in 1977 and the company's next computer, the Apple II, became a best seller and one of the first mass-produced microcomputers. Apple went public in 1980 to instant financial success. The company developed computers featuring innovative graphical user interfaces, inc ...
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Starbucks
Starbucks Corporation is an American multinational chain of coffeehouses and roastery reserves headquartered in Seattle, Washington. It is the world's largest coffeehouse chain. As of November 2021, the company had 33,833 stores in 80 countries, 15,444 of which were located in the United States. Out of Starbucks' U.S.-based stores, over 8,900 are company-operated, while the remainder are licensed. The rise of the second wave of coffee culture is generally attributed to Starbucks, which introduced a wider variety of coffee experiences. Starbucks serves hot and cold drinks, whole-bean coffee, micro-ground instant coffee, espresso, caffe latte, full and loose-leaf teas, juices, Frappuccino beverages, pastries, and snacks. Some offerings are seasonal, or specific to the locality of the store. Depending on the country, most locations provide free Wi-Fi internet access. Company overview Starbucks was founded in 1971 by Jerry Baldwin, Zev Siegl, and Gordon Bowker at Seattle's ...
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Polaroid Corporation
Polaroid is an American company best known for its instant film and cameras. The company was founded in 1937 by Edwin H. Land, to exploit the use of its Polaroid polarizing polymer. Land ran the company until 1981. Its peak employment was 21,000 in 1978, and its peak revenue was $3 billion in 1991. When the original Polaroid Corporation was declared bankrupt in 2001, its brand and assets were sold off. The "new" Polaroid formed as a result, itself declared bankruptcy in 2008, resulting in a further sale to Polish billionaire Wiaczesław Smołokowski. In May 2017, the brand and intellectual property of Polaroid Corporation were acquired by the largest shareholder of the Impossible Project, which had originally started out in 2008 by producing new instant films for Polaroid cameras. The Impossible Project was renamed Polaroid Originals in September 2017,
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Eastman Kodak
The Eastman Kodak Company (referred to simply as Kodak ) is an American public company that produces various products related to its historic basis in analogue photography. The company is headquartered in Rochester, New York, and is incorporated in New Jersey. Kodak provides packaging, functional printing, graphic communications, and professional services for businesses around the world. Its main business segments are Print Systems, Enterprise Inkjet Systems, Micro 3D Printing and Packaging, Software and Solutions, and Consumer and Film. It is best known for photographic film products. Kodak was founded by George Eastman and Henry A. Strong on May 23, 1892. During most of the 20th century, Kodak held a dominant position in photographic film. The company's ubiquity was such that its " Kodak moment" tagline entered the common lexicon to describe a personal event that deserved to be recorded for posterity. Kodak began to struggle financially in the late 1990s, as a result of the ...
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Abercrombie & Fitch Co
Abercrombie may refer to: People * Abercrombie Lawson (1870–1927), botanist and professor * Abercrombie (surname) (list of people with the family name Abercrombie) Places Americas * Abercrombie, North Dakota, United States, city in Richland County * Abercrombie, Nova Scotia, Canada * Abercrombie Mountain, Washington, United States * Abercrombie Township, Richland County, North Dakota, United States * Abercrombie, Alabama, a place in Alabama, United States * Abercrombie, Texas, unincorporated community in Texas, United States * Fort Abercrombie, in North Dakota, United States Oceania * Abercrombie Caves, New South Wales, Australia * Abercrombie River, New South Wales, Australia * Abercrombie, New South Wales * Abercrombie, Tasmania * Abercrombie House, in Bathurst, New South Wales, Australia Other places * Abercrombie, Fife, village in Fife, Scotland * Abercrombie Crests, rock summits in Antarctica Ships * ''Abercrombie''-class monitor, a class of monitors that served in ...
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