What are some of the trademark issues that frequently arise online?
Trademark issues can arise around use of marks (words or images) in web pages, in domain names, in advertisements or keywords. A few of the most frequently-referenced questions include: Question: What can be protected as a trademark? Answer: You can protect • names (such as company names, product names) • domain names if they label a product or service • images • symbols • logos • slogans or phrases • colors • product design • product packaging (known as trade dress) Question: What exactly are the rights a trademark owner has? Answer: In the US, trademark rights come from actual use of the mark to label one’s services or products or they come from filing an application with the Patent and Trademark Office (PTO) that states an intention to use the mark in future commerce. In most foreign countries, trademarks are valid only upon registration. There are two trademark rights: the right to use (or authorize use) and the right to register. The person who establishes priority rights in a mar
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