To protect the ownership rights of licensed merchandise, services, or products, the owner files for a trademark. The U.S. Trademarks and Patents Office receives millions of requests each year. These requests range throughout an immeasurable amount of industries to provide various forms of protection. If you need a further understanding of Trademarks Registration Law today, you should visit us.
The Trademark Process:
1. Filing for a trademark: The owner of the materials submits an application for the trademark registration with a full explanation of exactly what they wish to cover under this protection. Common reasons for the need for trademarks include but are not limited to business or celebrity names, graphical designs, and the likeness of a celebrity.
2. Identifying Rights of the Trademark: The U.S. Trademarks and Patents Office provide the trademark owner with a contract for the licensed item or concept. Trademarks Registration Law protects the rights of the owner. This owner is allowed to utilize this trademark in any way they choose. They can brandish it on products, intellectual property, etc. For as long as the trademark is valid, no one else is legally allowed to use it without explicit permission from the owner.
3. Infringement: At any time that the trademark is used without permission, the user is liable of infringement. Applicable laws enable the owner to seek damages for this infringement that will award them any proceeds generated by its use. For example, if an unlicensed user brandishes the trademark on their products without permission and generate earnings, the owner can sue them for this income.
4. Limited License: The owners can provide another individual to use their trademark under a limited license. Within the contract, the owner outlines how they are allowed to use it. For example, the limited license may apply only to a specific project and identify a date in which the license is no longer valid.
Trademark laws prevent outsiders from taking advantage of owners and their products. It eliminates the possibility that profits will fall into the hands of anyone outside of their rightful owners. If you wish to fight against a trademark infringement, you should call Edward L White PC Attorney At Law today.
