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LSDefine

Simple English definitions for legal terms

trademark registration

Read a random definition: titulo lucrativo, qui titulus est post contractum debitum

A quick definition of trademark registration:

Trademark registration is when you officially claim ownership of a symbol, word, or phrase that represents your business. This gives you stronger legal rights and protections than if you didn't register your trademark. Benefits of registration include letting people know that you own the trademark, having the exclusive right to use it, being able to take legal action if someone else uses it without your permission, and being able to use your registration to get protection in other countries. To register a trademark, it must be unique and not just a common word or phrase. In the past, offensive or insulting trademarks couldn't be registered, but a recent court case changed that rule.

A more thorough explanation:

Trademark registration is the process of establishing legal rights to a particular mark that is used in commerce. This process is not required, but it provides stronger and broader protections than an unregistered trademark. Registering a trademark with the United States Patent & Trademark Office (USPTO) offers several advantages, including:

  • Notice to the public of the owner's claim of ownership of the mark
  • A legal presumption of ownership nationwide
  • The exclusive right to use the mark on or in connection with the goods or services listed in the registration
  • The ability to bring an action concerning the mark in federal court
  • The use of the U.S. registration as a basis to obtain registration in foreign countries
  • The ability to file the U.S. registration with the U.S. Customs and Border Protection (CBP) to prevent importation of infringing foreign goods

In order to register a trademark, the mark must meet three requirements:

  1. First use in a particular trade or geographic market
  2. Non-functionality
  3. Distinctiveness

For example, the Nike "swoosh" logo is a registered trademark because it is distinctive and not functional. However, the word "shoe" cannot be registered as a trademark because it is too generic.

Traditionally, derogatory references and immoral names could not be trademarked. However, in the case of Matal v. Tam, the U.S. Supreme Court found that the disparagement clause of the Lanham Act, which prohibited federal trademark registration for disparaging marks, was invalid under the First Amendment. This means that even potentially offensive or controversial marks can now be registered as trademarks.

trademark owner | trademark search

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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