If a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. (more…)
What constitutes trademark infringement?
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Can trademark rights be lost?
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The rights to a trademark can be lost through abandonment, improper licensing or assignment, or generality. A trademark is abandoned when its use is discontinued with intent not to resume its use. (more…)
What prerequisites must a mark satisfy in order to serve as a trademark?
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In order to serve as a trademark, a mark must be distinctive – that is, it must be capable of identifying the source of a particular good. In determining whether a mark is distinctive, the courts group marks into four categories, based on the relationship between the mark and the underlying product: (more…)