Chapter 1: Principle Features of TM Flashcards
Protectable subject matter
any symbol or device that is capable of identifying the source of goods
Primary threshold for protection
distinctiveness
Principal exclusions from protection
functional matter, generic terms
How to acquire rights
using the mark in commerce
Duration
as long as the mark is used and is distinctive
Required formalities
none
Form of notice
- trademark symbol or “Reg. U.S. Pat. & Tm. Off.” (after registration), OR
- “TM”, or “SM” (before registration)
Benefits of complying with optional formalities
notice affects remedies
Scope of principal rights acquired
right to stop the unauthorized use of the same or similar mark in ways that are likely to cause consumer confusion
International protection
rights obtained on a country-by-country basis, or through a centralized registration mechanism such as the Madrid Protocol