Tag: generic
Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test
The trademark infringement test is an umbrella term for several factors that courts use to assess confusion. The court will analyze and weigh each factor, determining if consumers in the marketplace are likely confused by both brands’ marks when they compete with one another–marketplace context being key here because it varies depending on case facts!… READ MORE
Trademark Genericide: How To Protect Your Brand
Xerox, aspirin, thermos, and hoover were all once trademarks that lost their protected status because their names became generic, what we call Trademark Genericide. Most recently, Google’s trademark status was challenged unsuccessfully as reported here. By enforcing trademark rights we help protect your trademark. The US Court of Appeals ruled this month that Google still retains… READ MORE
How to Cancel a Generic Trademark
To remove a trademark from the Federal Register, a petitioner can file what is known as a Petition to Cancel with the Trademark Trial and Appeal Board (TTAB). The TTAB is an adjudicatory body within the United States Patent and Trademark Office (USPTO). If a petitioner succeeds, the disputed mark will be removed from the… READ MORE