Trademark Attorney Essay

I received high praise regarding my legal research and writing skills, and further improved my skills through conducting legal research on narrow issues of litigation and though drafting legal memorandums. Moreover, one of my supervising attorneys in the Trademark Department was a former USPTO Attorney Advisor. She supervised my activities concerning intellectual property memo’s, utility and patent research, and research on trademark legislation.

12.1 Jerome is an elderly man who lives with his nephew, Philip. Jerome is totally dependent on Philip’s support. Philip tells Jerome that unless Jerome transfers a tract of land he owns to Philip for a price 30 percent below market value, Philip will no longer support and take care of him. Jerome enters into the contract. Discuss fully whether Jerome can set aside this contract.

In redesigning Whittier’s town trademark I went for a more contemporary style, borrowing from the

The Lanham Act defines the term trademark to include “any word, name, symbol, or device, or any combination thereof . . . to identify and distinguish his or her goods . . . and to indicate the source of the goods, even if that source is unknown.” The United States Patent and Trademark Office and the U.S. federal courts have interpreted the definition liberally allowing a breath of nontraditional marks to be registered if it.

Maker’s Mark, 679 F.3d at 422. Because the plaintiff’s (bourbon distiller) consumers are unaware of the connections between different brands of distilled spirits, and that some companies produce multiple types of distilled spirits, the court in Maker’s Mark, concluded that the house mark was not important. Id. In short, the court concluded that while the Maker’s Mark’s name might be on a product, it could just be sponsoring the product or have some association with it, therefore not diminishing the mark.

Under 15 U.S. Code § 1127, a trademark protection is granted on words, symbols, or

We live in a world surrounded by brands. They are so prominent that people nowadays have an easier time recognizing brands because of their trademarks (commonly known as logos) than types of plants or trees. To the common eye, a trademark may seem simple or even an easy design, but not everyone can design a successful “logo”. There are certain guidelines that need to be followed, but the most basic and important function that a trademark needs, is the ability to speak several languages. At the end of the day, it is a symbol that needs to be able to cross language barriers, not only because it will create a brand consistency but it will give it the power to compete globally. However, a successful logo will always follow

The “Patent” article from The New Book of Knowledge by Donald W. Banner describes how a patent was created, what it is used for, and how to obtain it. To begin, a patent didn’t always mean the rights to an invention. A patent used to mean a special privilege or favor. It could be to acquire more land or get the rights to explore a new land. Now a days we know patent as the rights to your own invention. The writers of the constitution want to protect inventors, so they decided to write rights in the constitution. “Article I, Section 8, says: "The Congress shall have Power…to promote the progress of Science and useful Arts, by securing for limited Times to…inventors the exclusive Right to their…Discoveries."”(Banner, 1). In 1790 congress passed

In the United States, both U.S. Patent Law and U.S. “ Food and Drug Administration” (FDA) law govern the exclusivity rights for new pharmaceutical products. As Chinese companies invest research time and money in developing new drugs, it is important to keep in mind both the relevant U.S. patent law and the applicable FDA law that could affect the exclusivity period for that drug in the United States. Mistakes in not obtaining proper patent coverage or satisfying the FDA laws could cost the drug company valuable exclusivity rights when that drug is sold in the United States. For a successful drug, the lost of exclusivity rights usually means the loss of substantial revenue and profit.

2.6 Explain the establishment of a trade name and trademark: Filing a trademark registers a logo or slogan to be displayed on goods or services for public record.

“If you choose your name and logo well, they will stay in your customers' minds and remind them of the value your company offers. In fact, a well-chosen name and logo can help you to stand out amount the competition. Your customers will instantly think of your memorable business name and logo whenever they are in the market for your products or services.”

One of the most debated topics in sport is the use of sport teams/organization trademarks. A trademark is a “mark” (word, phrase, symbol, design, mark, device, or combination thereof) used to identify the source of a product and to distinguish them from the goods of others. Trademarks expand to things such as names, colors, typefaces, designs, etc. (citation 1)

The inherent distinctiveness test under trademark law provides that for a mark to be eligible for registration it should have a distinctive character. Only inherently distinctive marks or marks which have acquired distinctiveness due to its use can be registered. In assessing whether a mark is distinctive, the courts look at the consumer’s reaction to the mark. A mark will have distinctive character if an average consumer of the product will identify the mark with the product which it represents from those of its competitors. The test of individual character on the other hand provides that a design will have an individual character if the overall impression the design produces on an informed user differentiates the products from those of its competitors. It is apparent that these two test rely on the perspectives of an average consumer and those of and informed user respectively. Although the definition of an average consumer and those of an informed user are different, the requirement to establish inherent distinctiveness and individual character are almost similar.

Legal Background- A Trademark is a word, name, symbol or device that is used with goods to distinguish them as a unique product. Trademark rights hold that others should refrain from using similar names that have a tie-in or imply some level of relationship. Often, authors of books or music trademark certain names so that ancillary products cannot be produced that imply collusion or similar nature. Of course, the word "twilight" used in a poem or story, is not trademarked. But a "Twilight" beer, pen, backpack, or other

Because of its origins, its history, its iconic terrain, and the kinds of people who have settled here, the State of Vermont has developed a distinct "brand.” As a general term a brand has been defined as a “Unique design, sign, symbol, words, or a combination of these, employed in creating an image that identifies a product and differentiates it from its competitors.”