Category: Trademark Registration

Why Should I Register a Trademark?

Why Should I Register a Trademark?

Among the most frequently asked questions that we receive at Revision Legal is, “What are the benefits of trademark registration?” Trademark registration provides a mark owner with numerous benefits, the most important of which are: Federal priority over all others to use the trademarked term in commerce in association with the sale of goods or services; A […]

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First Steps in Responding to a Trademark Opposition Proceeding

First Steps in Responding to a Trademark Opposition Proceeding

Individuals often assume that their trademark is fully protected once their trademark application has passed an examiner’s inspection, but the process is more complex than that. Procedural forms called oppositions can be filed by third parties to challenge a pending trademark application. When a pending application receives notice of opposition, it roughly translates to someone […]

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Defenses in a Trademark Opposition Proceeding

Defenses in a Trademark Opposition Proceeding

One of the biggest obstacles that can come up in registering a trademark is the potential for a trademark application to be challenged by an outside party. When pending marks have been challenged by a third party, the applicant has the right to defend their own mark for validity, using one of several defenses. These […]

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Cybersquatting and the Bad Faith Intent to Profit

Cybersquatting and the Bad Faith Intent to Profit

The Anticybersquatting Consumer Protection Act (ACPA) creates a civil cause of action against someone who registers, traffics in, or uses a domain name that is confusingly similar to, or dilutive of, a trademark or personal name. Significantly, a person accused of violating the ACPA must have “a bad faith intent to profit” from the domain name to be found liable. Bad faith may seem like a vague concept, but the lawmakers who wrote the ACPA provided nine factors that might demonstrate whether one has acted in bad faith. Fortunately, the Internet attorneys at Revision Legal are very familiar with the ACPA, and we’d like to take the opportunity to explain these factors.

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