Colorado Springs Trademark Attorneys & Lawyers

What Are Likelihood of Confusion Factors?

Likelihood of confusion factors are the legal standards used to determine whether trademark infringement has occurred. The factors are also used as one of several tests conducted by the United States Patent and Trademark Office (USPTO) to determine whether a trademark application is approved.

The likelihood of confusion test is used to decide if a trademark is likely to be confused with another trademark. 

The Role of a Trademark Attorney

The attorney that is examining the trademark needs to do a search of the USPTO records to find out whether the applicant's mark is similar to any other registered mark that may cause confusion or mistake if i

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Updated November 24, 2020:

What Is Intellectual Property?

Intellectual property (IP) is a general term for the rights recognized by U.S. law for creations of the mind, including:

• Patents - rights granted to inventors for novel and useful inventions.

• Trademarks - rights granted to businesses relating to the branding of their goods and services (company, product, and service names).

• Copyrights - rights granted to authors for tangible expressions of ideas (art, literature, music, software code, architectural plans).

• Trade secrets - rights granted to businesses relating to their unique and valuable

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What Is the Doctrine of Equivalents?

The doctrine of equivalents is a legal method for a patent owner to file an infringement claim even though the original product is not completely identical to the infringing product. 

There are a variety of ways for patent holders to protect their intellectual property. One of these methods is called the "doctrine of equivalents" (DOE). The doctrine of equivalents lets a patent holder sue for infringement if the product in question isn't exactly the same as the original. This prevents someone from making minor changes to a product in order to avoid an infringement case. 

In these cases, the Court will examine whether the infringing product is for the same purpose or completes the same function as the original product. If the product is found to be equivalent in these ways, then the patent holder will win their claim. 

This doctrine was established in Graver Tank & Mfg.

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What is Keyword Advertising Trademark Infringement?

Keyword advertising trademark infringement occurs when online search engine companies sell trademarked words and phrases to competitors of the trademark owner. Keyword advertising trademark infringement is a relatively new concept since search engines have become more widely used in the last decade.

Trademark owners are unhappy with this practice because they believe it leads to confusion among consumers. When consumers search for keywords that fall under the trademark, they see those exact words on websites that don't relate to the actual product or brand. This also increases the time it takes to find the right product or service from the company that holds the trademark.

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What Are Certification Marks?

Certification marks are names, symbols, or devices used by groups or persons that show compliance to a set of standards. A certification mark does not distinguish between producers. In addition, the user of the mark is not the registered owner, and the owner is not permitted to use the mark. These marks can show geographic origin, standards met with respect to quality or manufacture, or work performed by a person that meets certain standards. The party that applies for a certification mark must also be considered competent to certify the products in question.

Why Are Certification Marks Important?

Certification marks are important for businesses that want to demonstrate the quality of their products. Trade associations and centralized commercial groups are the most common owners of these marks. To get the rights to use a given mark, the business's go

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