Marshalltown Intellectual Property Attorneys & Lawyers

Key Takeaways

• Trade dress infringement involves copying the look, feel, or packaging of a product or service in a way that confuses consumers.
• Courts apply the “ordinary buyer” standard and evaluate factors like distinctiveness, similarity, and actual confusion.
• To bring a claim, trade dress must be non-functional, distinctive, or have secondary meaning, and consumer confusion must be likely.
• Defenses include functionality, lack of distinctiveness, fair use, laches, and brand name prominence.
• Remedies may involve injunctions, monetary damages, or attorney fees, with dilution claims providing additional protection.

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Key Takeaways

• A patent grants exclusive rights to an inventor, protecting their intellectual property from unauthorized use.
• Before applying for a patent, ensure the invention meets eligibility criteria and conduct a thorough patent search.
• Filing a provisional patent application can secure an early priority date while you finalize your invention.
• The patent process can be complex, and professional legal assistance can improve the chances of success.
• The USPTO offers different types of patents, including utility, design, and plant patents.

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Key Takeaways

• An arbitrary trademark uses common words or symbols with no logical connection to the goods or services sold, such as Apple for electronics or Camel for cigarettes.
• Arbitrary trademarks are considered inherently distinctive and receive strong protection under U.S. trademark law because they are unlikely to be used descriptively by others.
• They differ from fanciful, suggestive, descriptive, and generic trademarks in strength and registrability.
• The USPTO requires proof that an arbitrary mark functions as a source identifier, and legal clearance searches are critical to avoid conflicts.
• Businesses should balance distinctiveness with marketabil

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Key Takeaways:

• The cost to trademark a name depends on whether you choose a TEAS Plus ($250 per class) or TEAS Standard ($350 per class) application.
• State-level trademarks are cheaper, typically $50 to $150, but only provide protection within that state.
• Additional costs include attorney fees, Office Action responses, and trademark maintenance.
• International trademark registration through the Madrid Protocol involves significant additional costs depending on the countries selected.
• Hiring a trademark attorney can help

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