Category: Trademark Registration
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… READ MORE
Legal Issues in Virtual Reality
Virtual reality is a fast growing technology with major implications in the legal realm. While it is not necessarily a new technology, its increased use is bringing up more legal questions than ever before. How are copyrights and trademarks…
The SCPA Part II – How Do You Protect Your Rights?
Semiconductor chips have become a popular and widely used product in almost all electronics today. Considering how ubiquitous these products are, it might be surprising to learn that the owners of these chips are extended large amounts of protection ov…
The SPCA, Part I – What Does it All Mean?
Semiconductor chips are found in almost any type of electronic these days, fulfilling a huge area of uses to the designer and consumer alike. Considering how widely used these products are today, one might reasonably assume that anybody can make them a…
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… READ MORE
Accused in Mail Fraud Case Targeted New Trademark Owners
Imagine this: Shortly after receiving notice from the US Patent & Trademark Office that your trademark application has been approved, you get another letter in mail. This letter offers to register your newly acquired trademark with US Customs &…
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… READ MORE
Grounds for Trademark Opposition
Opposition is a legal procedure that allows third parties, who may be worried about confusion with their own trademarks, to question the validity of pending trademarks. There are two main grounds for opposing a pending trademark: absolute and relative.
Michigan Court Decided Unique Cybersquatting Issue
Over the last fifteen years, federal courts in Michigan have heard nearly 50 cases involving alleged violations of the Anticybersquatting Consumer Protection Act (ACPA). Although each has contributed to a better understanding of cybersquatt…
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.