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The most common remedy for trademark infringement is injunctive relief. Injunctions are court orders commanding that the infringer immediately cease its unlawful activities.
You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark.
Trademark a Business Name You acquire a trademark in a business name by simply using it, but you can obtain much stronger protection by registering your name with the U.S. Patent and Trademark Office.
The Four Types of Trademarks Generic. Descriptive. Suggestive. Arbitrary or Fanciful.
The Four Types of Trademarks Generic. Descriptive. Suggestive. Arbitrary or Fanciful.
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How to prevent trademark infringement Trademark search. Before registering your trademark, conducting an exhaustive trademark search is a must. Register your trademark and actively use it. Trademark monitoring. Litigation process. Trademark infringement removal.
Most importantly, register your trademark. Registration with the federal trademark office also provides nationwide notice of ownership of your trademark, preventing someone who starts using your trademark later from claiming their use of your mark was in good faith.
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
In other words, a registered or pending trademark which is an intangible property can now be used as a form of collateral to secure a loan from a financier. In the event of default of repayment, the financier could take possession of the trademark pledged.
Common law trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts.

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