Trademark : legal care for your business & product name

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Title:

Trademark : legal care for your business & product name

Author:

Fishman, Stephen author.

ISBN:

9781413326659

Edition:

12th ed.

Physical Description:

428 pages : illustrations ; 23 cm.

Series:

Nolo Press self-help law books.

General Note:

Includes index.

Contents:

A trademark primer -- Trademark, domain names, and the internet -- How to choose a good name for your business, product, or service -- Trademark searches : what they are and why you should do one -- How to do your own trademark search -- How to evaluate the results of your trademark search -- Federal trademark registration -- How to use and care for your trademark -- Evaluating trademark strength -- Sorting out trademark disputes -- When someone infringes your mark -- When someone claims that you infringed a trademark -- International trademark protection -- Help beyond this book.

Subject Term:

Trademarks -- Law and legislation -- United States.

Business names -- Law and legislation -- United States.

Genre:

Law for laypersons

Added Corporate Author:

Nolo (Firm)

Summary:

Protect your business name and logo! Your business name, the names of your key products, and your logos, packaging, and slogans--all of these can function as trademarks that distinguish your business and its services and products. So it's important to choose your marks carefully and protect them vigilantly. Here, you'll find the most up-to-date information on how to select and protect a great trademark.

Holds:

Available:*

Library	Call Number	Status
Searching... R.H. Stafford Library (Woodbury)	346.730488 FIS	Searching... Unknown

Bound With These Titles

On Order

Summary

Protect your business name and logo!

Your business name, the names of your key products, and your logos, packaging, and slogans--all of these can function as trademarks that distinguish your business and its services and products. So it's important to choose your marks carefully and protect them vigilantly.

Here, you'll find the most up-to-date information on how to select and protect a great trademark. Learn how to:

choose trademarks that distinguish you from competitors search for marks that might conflict with your own register your mark with the U.S. Patent and Trademark Office protect your marks from unauthorized use by others resolve trademark disputes outside the courtroom, and create an Internet presence and secure a domain name.

Includes step-by-step instructions on how to register and maintain your trademark with the federal government.

Thoroughly updated, the 12th edition includes the latest laws and court cases, including the U.S. Supreme Court's decision to allow registration of a "disparaging" phrase.

Author Notes

Stephen Fishman is the author of several Nolo books on intellectual property, business, and tax matters, including The Copyright Handbook, The Public Domain, and Deduct It! Lower Your Small Business Taxes.

20 Frequently Asked Trademark Questions	p. 1
Your Legal Companion for Trademarks	p. 11
1 A Trademark Primer	p. 13
Trademarks and Trademark Law	p. 15
Sources of Trademark Law	p. 21
Basic Principles of Trademark Law	p. 23
The Role of Federal Registration in Protecting Trademarks	p. 32
Not All Business Names Are Trademarks	p. 35
Trade Name Formalities	p. 37
Trade Dress and Product Designs	p. 43
The Difference Between Trademark and Copyright	p. 47
The Difference Between Trademark and Patent	p. 49
2 Trademark, Domain Names, and the Internet	p. 51
How to Clear and Register Domain Names	p. 52
What to Do When the Domain Name You Want Is Already Registered	p. 57
Domain Names and Trademarks	p. 59
Other Trademark Issues in Cyberspace	p. 61
3 How to Choose a Good Name for Your Business, Product, or Service	p. 65
Anatomy of a Product or Service Name Trademark	p. 66
Distinctive Names Make Legally Strong Trademarks	p. 68
How Trademark Law Treats Marks With Ordinary Terms	p. 69
What Makes a Distinctive Trademark a Legally Strong Trademark?	p. 71
Guidelines for Making a Mark Distinctive	p. 73
Marketing Considerations When Choosing a Name	p. 83
4 Trademark Searches-What They Are and Why You Should Do One	p. 89
What Is a Trademark Search?	p. 90
Why Do a Trademark Search?	p. 90
Resources You Can Use in a Trademark Search	p. 91
Where Are Trademark Search Resources Located?	p. 91
Different Levels of Trademark Searches	p. 93
Planning Your Trademark Search	p. 98
Using a Professional Search Service	p. 102
5 How to Do Your Own Trademark Search	p. 109
Meet TESS-The Trademark Electronic Search System	p. 110
Getting Started With TESS	p. 111
Understand the TESS Word and/or Design Mark Search (Structured)	p. 114
Trademark Searching With TESS: An Example	p. 123
Understanding the TESS Word and/or Design Mark Search (Free Form)	p. 126
Understanding the Results of Your Search	p. 129
Searching for Designs	p. 134
Searching State-Registered Trademarks	p. 135
Searching for Trade Names and Unregistered Marks	p. 136
6 How to Evaluate the Results of Your Trademark Search	p. 139
What's Involved in Evaluating Trademark Search Results?	p. 141
What Is the Likelihood of Customer Confusion?	p. 143
An Overview of How Courts Evaluate Marks for Their Potential to Cause Customer Confusion	p. 145
How Closely Related Are the Goods and Services?	p. 148
Do the Goods or Services Compete?	p. 153
How Similar Are the Marks?	p. 158
Additional Factors	p. 159
Final Factors	p. 162
How to Read a Trademark Search Report	p. 163
7 Federal Trademark Registration	p. 173
Brief Overview of Federal Registration	p. 176
What Marks Qualify for Federal Registration	p. 176
If You Haven't Started Using Your Mark, Should You File an Intent-to-Use Application?	p. 182
Examples of Your Mark to Submit With Your Application?	p. 183
Which International Class Is the Best Fit for Your Product or Service?	p. 190
Deciding How Many Marks You Want to Register	p. 192
Applying for Registration Online	p. 193
If You Are Filing by Mail	p. 212
What Happens Next?	p. 214
Communicating With the USPTO	p. 215
If the Examiner issues a Rejection Letter	p. 217
Follow-Up Activity Required for Intent-to-Use Applications	p. 222
Follow-Up Activity Required After Registration	p. 227
8 How to Use and Care for Your Trademark	p. 229
Use of the Trademark Registration ™ Symbol	p. 230
Using the TM or SM Symbol for Unregistered Trademarks	p. 231
File Your Section 8 and Section 15 Declarations	p. 233
File Your Section 8 Declaration and Section 9 Application for Renewal	p. 237
Use It or Risk Losing It	p. 238
Maintain Tight Control of Your Mark	p. 238
Use the Mark Properly-Avoid Genericide	p. 241
Transferring Ownership of a Trademark	p. 242
9 Evaluating Trademark Strength	p. 247
A Brief Review of What Makes a Strong Mark	p. 248
For Marks Consisting of Words, Identify the Distinctive Part of the Mark	p. 249
Assess the Legal Strength of the Trademark Aspect of Your Word Mark	p. 249
10 Sorting Out Trademark Disputes	p. 273
Trademark Infringement	p. 276
Determining Priority in an Infringement Dispute	p. 287
Dilution	p. 299
Cybersquatting	p. 305
11 When Someone Infringes Your Mark	p. 313
What Litigation Costs	p. 314
How Much Is Your Mark Really Worth to You?	p. 314
Negotiate-Don't Litigate	p. 319
How to Handle an Infringer	p. 322
12 When Someone Claims That You Infringed a Trademark	p. 333
What the Complaining Party Can Do to You	p. 334
Steps You Should Take	p. 335
13 International Trademark Protection	p. 339
Where Will You Seek Protection?	p. 341
How Will You Register Abroad?	p. 344
14 Help Beyond This Book	p. 347
Nolo: Your One-Stop Trademark Resource	p. 348
Finding Trademark Laws and Information on the Internet	p. 349
Doing Your Own Research in a Law Library	p. 350
Finding a Lawyer	p. 351
Appendixes
A International Classifications of Goods and Services	p. 355
B Glossary of Terms	p. 381
C Selected Pages From Thomson CompuMark Trademark Research Report	p. 391
Index	p. 413

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