Lawton Trademark Attorneys & Lawyers

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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Key Takeaways:

• The DMCA protects digital creators by outlining processes like takedown notices to address unauthorized content use.
• Safe harbor provisions shield service providers from liability if they meet specific criteria, such as promptly addressing copyright complaints.
• Rights holders must provide detailed information when filing DMCA takedown notices to ensure compliance.
• Platforms utilize technical protection measures, like content-matching technology, to enforce copyright rules.

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Key Takeaways:

• Color Trademarks: Protect specific shades tied to your brand, requiring proof of customer association and long-term, exclusive use.
• Legal Criteria: No functional advantage, clear market recognition, and evidence of brand identity connection are essential for approval.
• Successful Examples: Tiffany & Co.'s blue and T-Mobile's magenta showcase effective trademark strategies.
• Protection Strategy: Maintain consistent use, detailed brand guidelines, and solid documentation to strengthen your trademark rights.
• International Considerations: Rules vary by country; plan global registrations strategically to safeguard your color globally.

Brand identity often centers on color, leading businesses to seek trademark protection for their signature shades. Many ask whether a company ca

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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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