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 broadly fall into one of two categories: absolute and relative. The choice of which defense to use will depend on what grounds the third party is using to challenge the pending mark. Absolute grounds are dependent on the pending application alone, while relative grounds depend on third party’s opposing evidence. The two most common relative grounds are priority and likelihood of confusion. In any case, an opposing party must bring evidence forward that challenges the pending mark’s validity.
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:
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 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.