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:

• 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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What Is an Arbitrary Trademark?

An arbitrary trademark is a word or image that already exists, but it has nothing to do with the business that uses it. Apple Computers is one of the classic examples, since iPhones and laptops have nothing to do with fruit or cider. Shell gas stations and Camel cigarettes are other good examples. The arbitrary trademark is one of five trademark categories recognized by the USPTO. 

What Isn't an Arbitrary Trademark?

To really know what an arbitrary trademark is, it helps to understand the other four categories.

• Fanciful Trademarks (sometimes called coined trademarks) use words or images that don't mean anything. This lets companies have

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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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