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Passing off is a common law concept. It refers to the misrepresentation of the goods or services one is offering as coming from another party. This false impression is created through use of another provider's recognizable trademark, either by the production of an identical copy, or a closely comparable mark. The charge that passing off has occurred differs from the charge..

Registering for a trademark is a multi-step process that is administered by the United States Patent Office. A trademark is a fundamental step in the development of one's business or nonprofit organizations. Trademarks enable a product to find a legal niche in an underlying marketplace, which can further establish the productivity of the good or service.The first step in ..

The Trademark Dilution Act of 1995 was enacted as an amendment to the Lanham Act of 1946Trademark Dilution Revision Act of 2006trademark infringement Infringement refers to a company or individual employing a trademark under unauthorized means, which is intended to directly compete with the original or famous trademark. An example would be if a company decided to employ the wor..

Trademark dilution is the blurring or tarnishment of famous trademarks by creating a trademark to similar to an existing famous one. Only famous trademarks are protected under dilution laws. 1. The length of time the trademarked thing has been existing.2. The duration of time that advertising for the trademarked thing has been in circulation.3. The geographic area the trad..

What is a Trademark?A trademark is a distinctive indicator used by an individual, business or entity to identify that the attached services or products originate from a unique source. The trademark, thus, distinguishes products or services from those of other individuals or entities. A trademark is designated by a symbol, which is then, attached to a word, phrase, name, symbol,..

For trademark infringement to occur, there must be a likelihood that consumers will confuse to brands using similar trademarks. The courts have established criteria for determining if there is a likelihood of possible confusion among consumers. No actual specific confusion has to be proven in court to show confusion may occur. The criteria is as follows:      &nb..

Trademarks are provided under United States law for the purpose of allowing consumers to recognize the source of a commercial service and any associated level of quality. To a lesser degree, the law is also intended to allow the individuals and businesses offering these services to gain recognition for whatever level of skill they manifest in their business. Trademark lawy..

The Trademark Act of 1881 was the first federal statutetrademark lawCommon law already provided for the enforcement of trademark law as according to the needs and practices of individual states. Based on the failure of an earlier Congressional trademark act, which was struck down by the Supreme Court on the grounds that it did not adequately fall under the provisions grant..

Trademark law, along with copyrights and patents, form an essential part of intellectual property law. Trademarks are unique, however, and offer a more abstract form of intellectual protection. Copyrights protect tangible forms of expression, while patents protect inventions. Trademarks, on the other hand, protect a company's image in the public. Companies build ..