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When Marcom and Trademark Law Collide (cont'd) |
Trademark Rights: Branding With Teeth For example, first use in commerce generally means the exclusive right to use the mark, at least in the geographic area where the company operates, and on the goods or with the services associated with the mark. |
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| A company can prevent a third party from using the mark or a confusingly similar one through legal remedies. Remedies include money for damages or lost profits and/or an injunction, a legal order to stop the third party's use. |
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If a court finds no likelihood of confusion - the marks just aren’t that similar and/or the goods/services are just too different - both parties may get to use the mark, regardless of who was first. At heart, trademark law is about protecting consumers. |
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Generic marks, or common words, can't get trademark protection because they're used in everyday language and so can't identify a source of goods or services. So you won't have trademark rights if you name your soap product, SOAP. |
A disclaimer: Although this newsletter may provide commentary on legal matters, it is not intended to serve as a legal opinion for the reader's particular issues. It should not be substituted for legal advice. More information.
Useful Links
Confused about likelihood of confusion? The University of Washington provides a good summary of some of the legal considerations.
For a discussion of kinds of trademarks and the "bite" they have, see Bitlaw.
For legal geeks ('er, aficionados), see the Federal Trademark Dilution Revision Act of 2006 (and upcoming articles in Intersections).
Do your employees understand your company's brand
values?
CALLOOH Communications can provide instructional materials on branding, customized for your company.