Willful trademark infringement occurs when a user of a mark knows or should have known that the mark was already being used by another. Recent court decisions have noted that a user can be found liable for willful infringement if

In order to properly maintain a registered trademark, filings are required by the U.S. Patent and Trademark Office. Other than a Section 8 Declaration, a registrant must also file a Section 9 Application For Renewal between every 9th and 10th

Common Law Trademarks

Under common law, some rights to a mark can be established by the first person to use a specific mark in a commercial setting. These rights are very limited and difficult to enforce, which is why a

The ® Symbol

The most obvious advantage of trademark registration begins with the right to use the ® symbol. This symbol may be used once a trademark is registered with the United States Patent & Trademark Office (USPTO) and is

What is a trademark?

A trademark is a word, symbol, or phrase, used to identify a particular company’s products and distinguish them from the products of another. Trademarks protect the words and symbols that identify the sources of goods and