Greer Trademark Attorneys & Lawyers

What is the Lanham Act?

The Lanham Act created a national trademark registration system. Enacted in 1946, this act also protects a trademark owner against others using similar marks.

The Lanham Act also provided a way for companies to watch for modifications to their trademarks. This section of the law, called trademark dilution, gives the owner of a famous trademark a way to protect it from changes. No other person or company can use the mark in a way that reduces how unique it is. The Lanham Act allows legal entities to consider the implications of issuing a trademark under the trademark laws.

Also called the Trademark Act of 1946, this legal statute oversees unfair

...

What Are Generic Trademarks?

Generic trademarks are common terms used to name products or services, for example, a brand of shoes called "shoes". Generic trademarks describe a product, so no one can register them as trademarks. These marks don't qualify for any protection.

Why Generic Terms Can't Be Trademarks

Generic terms such as "computer" cannot be registered as trademarks because anyone has the right to use generic words to describe the products they are selling. Giving trademark rights to generic terms would make the English language poorer and would restrict competition. This rule applies to both the principal and the supplemental registers.

Adding a dot-com(or dot-org, dot-net, etc.) suffix to a generic term i

...

What Does it Mean to Trademark a Surname?

A surname alone only qualifies as a trademark if it has already been associated with the business through advertising and has acquired a secondary meaning. It is also clear why somebody with the McDonald surname could not register a fast food restaurant on the name only.

Why is a Trademark Surname Important?

While it is not possible in every case to register a surname as a trademark, if it has "acquired distinctiveness", the business owner should protect it. The approval or rejection of the trademark request depends on:

• Whether the surname is rare
• If it is connected with the person registering it
• If it has a recognized meaning and association with a type of service
• How the name sounds in the business world - Us

...

Understanding how to obtain a trademark requires an understanding of what a trademark is and its purpose. A federal trademark is a symbol, word, or words legally registered or established by use as representing a company or product within the United States.

A Guide to Federal Trademarks and How to Obtain One

Learn more about a federal trademark, who it's for, the requirements and process for obtaining a trademark online.

What is a Trademark?

In the United States, a symbol or words that a person or business legally registers to represent their company or product is considered a federal trademark.

When people refer to a trademark they are often referring to a federal trademark versus a state trademark. The following task list will allow you to obtain a trademark electronically using the United States Patent and Trademark Office (“USPTO”) electronic filing application. This task list will also walk you through severa

...

What Is an Information Disclosure Statement?

An information disclosure statement (IDS) describes all prior art or related technology claimed in a patent application. It places the burden of disclosure on the inventor or applicant. If an application doesn't have this statement or fails to include key prior art, any issued patent may become invalid or considered fraudulent.

Information Disclosure Statement: What Is It?

Patent applicants have a responsibility to complete an IDS, which references:

• all prior art, or patents
• patent applications, and
• publications related to an invention.

Because inventors are more likely to be aware of existing patents or related technology than a

...