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Trademark Act

Trademarks are a way to protect your intellectual property. Trademarks can include brand names and logos, among other things. Unlike patents, you do not need to apply for trademarks. There are 3 conditions for using a trademark. First, no one can be using it. Second, the trademark cannot be a descriptive and commonly used phrase. Finally, you use it. A satisfactory way of using it is printing, ル, next to your intellectual property. Unless you stop using it, trademarks do not expire. A trademark act is a court ruling that directly affects the way trademarks are used. For example, the Trademark Counterfeiting Act of 1984 amended the federal criminal code by making it a federal offense to violate the Lanham Act or the Olympic Charter Act. According to this amendment, it would be a federal offense to intentionally use a counterfeit trademark or the Olympic symbol, without proper authorization.

Fast Facts

  • According to the Federal Trademark Dilution Act of 1995 use of famous trademarks that dilute their distinctiveness, even in the absence of any likelihood of confusion or competition, is a federal offense.
  • If you think your famous trademark has been diluted and is therefore not as effective, make sure you obtain a legal opinion before filing a lawsuit.

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