Vancouver 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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Updated October 27, 2020:

What Is Trademark Licensing?

Trademark licensing is the process by which a registered trademark owner, called a licensor or proprietor, allows another party, called a licensee, to make and distribute specific products or services under the licensor's trademark agreement. Trademark licensing is a type of merchandise agreement.

The licensor receives a certain amount of money or royalties, a percentage of all sales, in exchange for sharing the trademark. This compensation is also called consideration. Fashion and consumer products concerned with sports and entertainment are often sold under a trademark licensing agreement.

The licensee usually creates a trademark licensing agreement, but a licensor can also

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Trademark Abandonment: What Is It?

Trademark abandonment happens when the validity of a trademark is questioned. This happens when:

• The registered trademark was not used
• The registered trademark was not used correctly. This can include:
  • Trademark dilution
  • Excessive trademark licensing
  • Failure to enforce exclusive rights to a trademark
• The trademark registration has expired
• The trademark has been expressly abandoned

Why Are Tra

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Updated November 4, 2020:

How to Trademark Something

How to trademark something requires several steps to take in order to trademark your intellectual property.

1. Select a Non-Generic Trademark

You cannot legally trademark something that is generic. The stronger your mark is, the easier it will be to prevent people from using it. Every mark falls into at least one of these categories.

• Fanciful: This is something like an invented word that has no real meaning.
• Arbitrary: This is an actual word that has a known meaning, but is not in any way related to the product or service that you are offering. For example, the company Apple is arbitrary because although apples are a type of fruit, the company Apple sells computers.

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Updated September 2, 2022:

Intellectual Property Theft: What Is It?

Intellectual property (IP) theft occurs when someone uses your intellectual property for any reason without your permission. Laws protect intellectual property rights, including trademarks, copyrights, and patents. If you have the proper protections, you can sue for money damages.

Why Are Intellectual Property Protections Important?

Intellectual property is the ownership of an innovation, whether it's a commercial product, an artistic creation, a method or formula, unique symbol, logo or name, or other creation or invention. It can involve a range of creations, including but not limited to a:

• Poem
• Movie
• Song

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