Hello!
I am finally back from San Francisco! I attended PLI's Intellectual Property Law Institute Conference this past Thursday and Friday. It was awesome! We discussed intellectual property issues in virtual worlds, social networks, and blogs. I was in IP Nirvana! It was truly great and over the next week, I am going to share with you the latest and greatest in IP Law. I know you will enjoy it!
Today,I am going to discuss how an individual or entity loses their trademark rights. The top three reasons are:
1. Failure to prosecute infringers. I can not tell you how important it is to prosecute (prevent) trademark infringers from unlawfully using your trademark. If you do not, your trademark is considered weak. Furthermore, if you take no action to prevent infringers and their use of your trademark is overwhelming, you can lose your trademark rights. Essentially, your trademark will lose its uniqueness to your product or service.
2. Abandonment by non use or change in the nature of goods or services sold under the trademark. For example, you register your trademark to uniquely identify plumbing services. Subsequently, you stop providing plumbing services and you now provide medical testing services. However, you do not change the trademark. The trademark originally used to identify plumbing services can not and will not identify medical testing services. You must apply for and obtain a new trademark to identify medical testing services. Also if you do not actively use a trademark in commerce for 3 years, it is evidence that you have abandoned the trademark.
3. Genericization of trademark. This happens when a trademark becomes the common name for the goods or services and ceases to function as a source for the goods. For example, ASPIRIN is an example of a trademarks that has become descriptive of goods instead of an indication of a source for a particular good. So we associate Aspirin with the headache medication instead of a brand like Bayer Aspirin. Genericization of a trademark can occur if a commercial campaign or promotion is too successful. A company must takes steps to make sure that their trademark does not become generic. For instance XEROX Corporation is an example of a company that has prevented its mark from becoming generic. XEROX used an extensive advertising campaign which informed consumers to "photo-copy" documents with XEROX machines. Also XEROX constantly used XEROX "Brand" to identify its products.
Remember its all about brand management. As a trademark owner, you have to manage your brand to ensure your product is identified correctly, your brand is conveying the correct message, and to prosecute trademark infringers. I hope this information was helpful. Please leave a comment or email me if you have any further questions.
3 comments:
With respect to the second reason for losing a trademark -- change in the nature of goods -- do you know of any case law the considers the factors for this? Is this governed by state, federal law or both?
Its really a must read for all the brand owners. The reference of XEROX corporation is also good.
thomas sabo armband Some basic considerations can help a person to get the right par of shoes. Below are some of the important points that one may need to think about before getting the shoes. tomas sabo armband Style is not that important - majority of the people choose their tennis shoes considering only brand names and its looks. lederarmband thomas sabo They don`t keep the importance of their feet up front most of the times. It can be a little hard to give up an awesome looking pair of shoes that matches your personality thomas sabo armband reduziert But when it comes to the usage, they should be chosen based on their functionality. The tennis shoes that one is purchasing should be able to protect and support one`s feet ideally. thomas sabo armband preis They are equally as good for keeping the water and weather away from your feet and both brands offer cheap golf shoes as well as their many expensive varieties. thomas sabo armband billing Shopping at FootJoy or Adidas can give you fashion, color, and a large line of shoes online and in stores.At any rate, be mindful of our golf game if you are a real competitor--know that shoes are the most vital part of your golfing attire. thomas sabo billig kaufen You need to shop around, compare prices. And get the most for your money. thomas sabo onlineshop That doesn't mean you should opt for a pair of discount shoes that also have cheap quality. What would be the point of purchasing a shoe that is not comfortable to wear. thomas sabo jewellery If you care anything about your success in golfing, shop around. The Heel Box - it is an important part of the shoes.
Post a Comment