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trademark infringement Tagged Articles



Legal Matters You Should Know When Starting An Internet Home Business
It is easy to get caught up in the excitement and be overwhelmed with the responsibilities that come with starting an internet home business. However, it is vital you read up on the different internet laws and understand what is legal and what is illegal.
Are Your Trademarks Being Used by Other Companies on Google?
Saper Law Offices assists businesses in all areas of trademark law, from registration and filing to litigation. The following article serves as an overview of the effect search engine marketing and Internet “keyword” advertising through Google’s search engine has on a business’s trademark. For a case specific consultation regarding (1) whether or not your use of another’s trademark in a Google Ad could result in legal action, or (2) whether or not you may prevent another business from using your trademark in a Google Adword, a meta tag or as the text of an advertisement, call Saper Law Offices for a consultation at (312) 641-0551 or contact us by email at dsaper@saperlaw.com. If you need assistance with creating and implementing a Google ad campaign, contact www.LegalPPC.com.
The Deal Really Could Be A Steal
The Internet has perhaps helped business like no other tool ever conceived. It helps level the playing field, especially for small business. As you might expect, it also has a lot more on its dark side than Spammers and hackers. There are other dangers you need to know about to protect your business.
Domain Names and Trademarks
This article is a primer on how to distinguish domain names from trademarks, and vice-versa, and whether and when a particular word may properly be used for an Internet domain name registration.

Other trademark infringement Related Articles

What is a Trademark Search?
A trademark search can, in actuality, be many different things. In theory, a trademark search is performed to determine whether or not the mark you are hoping to use is already taken by another.
How Do You Get a Trademark?
While some individuals choose to hire attorneys to walk them through the process of applying for a trademark, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research that they not only search through Federal and State trademark records for name similarities, but also Common-Law listings.
Do You Need a Registered Trademark?
It's less of a need than a want. Registering a trademark is NOT mandatory. However, are you a business owner, or do you work with a business that does not currently have a trademark registered or pending with the USPTO? If this last statement in any way describes you, then YES, you may benefit from having a trademark.
Specimens Not Just for Guys in White Coats Anymore
Okay, let's assume that you're at the trademark stage: you've had comprehensive research conducted; the analysis on the research has been done; and (yay!) your name is clear. Now the next step is filing for the Federal trademark.
Likelihood of Confusion: The SAM Rule
When filing for a Federal trademark, it's important to keep the SAM rule in mind. Who's SAM? SAM's not a person but a concept employed by the USPTO during their review process of new Federal trademark applications.
Are Your Trademarks Being Used by Other Companies on Google?
Saper Law Offices assists businesses in all areas of trademark law, from registration and filing to litigation. The following article serves as an overview of the effect search engine marketing and Internet “keyword” advertising through Google’s search engine has on a business’s trademark. For a case specific consultation regarding (1) whether or not your use of another’s trademark in a Google Ad could result in legal action, or (2) whether or not you may prevent another business from using your trademark in a Google Adword, a meta tag or as the text of an advertisement, call Saper Law Offices for a consultation at (312) 641-0551 or contact us by email at dsaper@saperlaw.com. If you need assistance with creating and implementing a Google ad campaign, contact www.LegalPPC.com.
Trade Mark Infringement Law India
Infringement of a trade mark occurs if a person other than the registered proprietor in the course of trade, in relation to the same good or services for which the mark is registered, uses the same mark or a deceptively similar mark. Essential of Infringement The taking of any essential feature of the mark of taking the whole of the mark and then making a few additions and alteration would constitute infringement. The infringement mark must be used in the course of trade, i.e in a regular trade wherein the proprietor of the mark is engaged. The use of the infringement mark must be printed or usual any oral use of the trade mark is not infringement. Any or all of the above act would constitute infringement if the same is done in such manner as to sender the used to the mark likely to be taken as being used as a trade mark.
Remedy for Trade Mark Infringement India
No suit for infringement of a registered trade mark or suit relating to any right in a registered trade mark or for passing off arising out of the use by the defendants of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or not shall be instituted in any court inferior to a district court having jurisdiction to try the suit. Procedure followed The procedure followed in the disposal of the suit is as laid down in code of civil procedure, 1908. Period of limitation Under the limitation Act, 1963, the period of limitation for filing a suit for infringement of a trade mark is three years from the date of infringement. Where the infringement is a continuing one, a new course of action arises every time is infringement occurs.

Trademark Monitoring
After you've had your trademark application filed, it's absolutely necessary that you monitor your trademark in some way. The USPTO does conduct a search of their own files so if someone does file for a Federal trademark after your registration it typically is rejected. However, relying on the USPTO to protect your trademark is a mistake for several reasons.
Why Register a Canadian Trademark? Trademarks Defined and Explained
Registration of a trademark is proof of ownership and therefore a key way of protecting a trademark from misuse and imitation. Registration is not obligatory but is recommended because it is a way of verifying the exclusive right that is established through using the trademark in relation to specific products or services. It is important to realize that, while registration affords the greatest possible legal protection against infringement or misuse of a trademark, it is, and can never be, a failsafe guarantee against all problems relating to trademark usage.

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