Bill Hulseys Patent Lawyer is the founder of HULSEY PC and practices in Austin, Texas and Memphis, Tennessee. Bill Hulsey Patent Lawyer established HULSEY PC to apply a highly developed specialty and experience in a broad span of technical fields. Bill Hulsey Patent Lawyer takes great pride in serving emerging growth companies competing in global markets with products and services relating to renewable and sustainable energy technologies, life sciences, electronics, environmental innovations, software, and aerospace technologies.
Bill Hulsey Patent Lawyer - Intellectual Property - Trademark Basics - Loss of Trademark Rights (2017)
1. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Loss of Trademark Rights &
Mechanics of Registration
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4. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Loss of Trademark Rights &
Mechanics of Registration
5. Trademarks
Subject Matter
Scope of Protection
Loss of Trademark Rights
Mechanics of Registration
Ownership
Infringement
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6. Loss of Trademark Rights
Trademark rights can be lost if not used or
not used properly:
Must remain in continuous use
Must indicate product source, not product itself
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7. Problems with Trademark Use
Genericide:
Escalator, Aspirin, Cellophane – all have become
generic
Kleenex Brand Tissues (Kimberly Clark)
Band-Aid Brand Bandages (J&J)
Xerox Brand Copiers (Xerox)
Rollerblade Brand In-Line Skates
Thermos Brand Insulated Containers
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8. Trademarks
Subject Matter
Scope of Protection
Loss of Trademark Rights
Mechanics of Registration
Ownership
Infringement
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9. Obtaining Trademark Rights
Rights arise simply from use of a mark in
commerce
First use wins over first filing
Two tier system of registration:
State – weak
Federal – substantial rights
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10. How To Obtain Trademarks?
The Benefits of Registration:
Prima facie evidence of the validity of the
registered mark and registration, the registrant’s
ownership of the mark, and the exclusive right to
use the mark in connection with the specified goods
or services
Prima facie evidence of continued use since the
filing date of the application
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11. How To Obtain Trademarks?
The Benefits of Registration (cont.):
Constructive Notice of Registrant’s Claim of
Ownership
Right to bring suit in federal court
Statutory remedies, such as mandatory treble
damages and criminal penalties in counterfeit cases
Ability to ban imports of goods with infringing
trademarks
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12. Federal Trademark Registration
Benefits
Registration gives nationwide priority except
against prior user
After five years, registered trademark may
be incontestable, even by prior user
Trademarks may be continually renewed
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13. Obtaining Federal Trademark
Registration
Application can be based on prior use in
commerce or good faith intent to use in
commerce:
Prior use filing must be based on actual, not token,
use
Intent-to-use filing must be based on bona fide
intent to use with particular goods or services
“®” may be used with mark after
registration
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15. More information at uspto.gov:
Trademark records and images
Application forms
Fee schedules
Status of marks
Manuals for classifying goods and services,
design codes, et
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16. Intellectual Property Creation &
Management for Emerging Growth
Technology Companies
Trademark Basics:
Loss of Trademark Rights &
Mechanics of Registration