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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Key Takeaways:

• Conducting a trademark search is crucial to avoid infringement and ensure legal protection.
• Utilize the USPTO's Trademark Electronic Search System (TESS) for a federal search.
• State trademark databases should also be searched for additional protection.
• Common law trademark searches extend beyond registered trademarks and include business directories and online platforms.
• Consider domain name searches for web-based businesses to avoid conflicts.
• Likelihood of confusion is a key factor in trademark rejection—ensure your mark is distinct.
• International trademark searches are necessary if planning to do business globally.
• Ongoing trademark monitoring helps protect your brand after registration.
• A trademark attorney can provide in-depth analysis and legal guidance.

How Can You Learn

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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 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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