商标法

商标法可能很复杂. 请与您的商标律师联系 龙8国际app prior to pursuing your mark and or enforcing your rights.

卡拉马祖的商标律师

商标是“任何词”, 名字, 象征, 或设备, or any combination thereof” that is used by a party to indicate the source of its goods and to identify and distinguish those goods from the goods of others. 15 U.S.C. § 1127. Sellers may use words, such as “EXXON,” or merely use 象征s, such as the Nike swoosh. The purpose of trademark law is to prevent consumer confusion, 保护消费者, and to protect the goodwill of trademark owners, 意义, customers can count on a certain quality from certain brands. 例如, consumers develop quality expectations and goodwill toward Nike shoes marked with the Nike swoosh, i.e. consumers “know what they are getting.” The goodwill of the trademark owner is thereby improved for future sales; trademark law helps consumers identify quality and helps owners reap the benefits of quality, 简而言之, 品牌. Trademark law is vital to building a brand that is associated with quality, making any such brand more valuable. There are several important trademark categories that are based on the relationship between the mark and the product: (1) arbitrary and fanciful, (2)暗示, (3)描述, 或(4)通用. Business owners should consider the relevance of each category in selecting a mark. 例如, generic marks are entitled to no protection under trademark law. 换句话说, the law will not deprive competing manufacturers from calling their product by its 名字. Thus, a manufacturer selling computers has no exclusive right to use the term “computer.” However, the rules change when there is no logical relationship between the product and the term. 换句话说, an apple farmer will not secure trademark protection for the term “apple,” yet a computer manufacturer can secure protection for the term “apple,在那个行业, because there is no inherent relationship between the product and the manner of use, making the mark arbitrary and fanciful.

What Constitutes Trademark Infringement?

The standard for infringement is the “likelihood of confusion.宝丽来公司. v. Polarad选举. 集团., 287 F.2d 492 (2d Cir.),证书. 拒绝，368 U.S. 820 (1961); 15 U.S.C. §§ 1114, 1125. The question is whether use of a trademark in connection with the sale of goods would confuse consumers as to the source of those goods, i.e., improperly confusing the source, quality, and goodwill. Competitors are not allowed to steal your goodwill without being subject to infringement claims.

In deciding whether consumers are likely to be confused, the Court looks at:

• 印记的力量;
• 货物的邻近性;
• 相似:标记的相似;
• 实际混淆的证据;
• Similarity of the marketing channels;
• The degree of caution exercised by the typical purchaser; and
• 被告的意图. Id.

However, there are several defenses, such as fair use of a descriptive mark. 例如, if a cereal manufacturer describes its cereal as consisting of “all bran,” there will be no infringement claim for Kellogg’s’ right to the mark “All Bran.” Such use is purely descriptive without a secondary 意义, 因此, there is no claim for infringement.

Successful infringement suits often result in monetary relief, 包括(1)被告的利润, (2) damages sustained by Plaintiff, (三)诉讼律师费, and (4) treble damages upon a showing of bad faith. 15 U.S.C. §§ 1117, 1125.

If you need trademark legal services and live in the Kalamazoo or Grand Rapids areas, 联系 凯兰律师事务所的专家们也打来电话 269-382-4818.