Lawton Trademark Attorneys & Lawyers

What Are Incontestable Trademarks?

Incontestable trademarks are trademarks that under normal circumstances are immune from being challenged. To be declared incontestable, a trademark must not have been acquired fraudulently, and must have been in consistent use for five consecutive years. At this point, the trademark owner can file a Declaration of Incontestability under the Lanham Act, Section 15 between the fifth and sixth anniversary of registering the trademark.

What Is a Section 15?

A Section 15 is simply a sworn statement you file which is placed on the Principal Register and declares your rights on the mark to be incontestable. Not only is it recommended that

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How Can You Learn How to Do a Trademark Search?

Learning how to do a trademark search involves knowing how to conduct research to make sure others don't already own a mark you intend to use for your own products or services. Before you use a mark in commerce or attempt to register the mark with the United States Patent and Trademark Office (USPTO), you should do a trademark search.

While you can do a preliminary trademark search on your own, a lawyer can help you with the process.

If you're trying to create or register a trademark for your products or services, you probably hav

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What is a Suggestive Trademark?

A suggestive trademark is a distinctive, but not descriptive, mark which does not describe a product, but suggests or references it, requiring consumers to exercise imagination to connect the mark with the product.

There are five different categories of trademarks. Each is defined by the degree of distinctiveness inherent in its use. They were put in place by a federal appeals court ruling in the case of Abercrombie & Fitch Co. vs. Hunting World, Inc. As such, the standard used to determine under which category a mark falls is called the Abercrombie Test.

These five categories are:

• Arbitrary trademarks

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Updated October 5,2020: 

What is a DMCA Notice?

A DMCA notice informs a company, web host, search engine, or internet service provider that they are hosting or linking to material that infringes on a copyright. The party that receives the notice should take down the material in question as soon as possible. If the site owner doesn't comply, the ISP can forcibly remove the content.

You can send out a DMCA notice, not just for infringing material, but also for any indices, references, or pointers that lead to infringing material.

DMCA stands for Digital Millennium Copyright Act. A DMCA notice is also known as a DMCA takedown notice or a DMCA request. The DMCA covers any copyrighted material that could be infringed on the internet,

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What Are Trademark Colors?

Trademark colors are the specific shades and hues registered to a particular brand.

Why Trademark Colors Matter

Colors can make people think or feel a certain way about a product. A color can be associated with products in a literal or an abstract way to produce certain psychological effects. Blue, for example, can be used for frozen, cool products, while green is often used for healthy or organic choices. Certain colors can be considered to work together or be particularly aesthetically pleasing. Green and yellow are closely related, so they appear to be harmonious. Vibrant and eye-catching colors can produce certain visual effects. Some colors grab the audience's attention right away

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