What are “common law” trademark rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark and may allow the common law user to successfully challenge a registration or application.
If a business has applied for a trademark but it is not yet approved, should it us the “TM” whenever it uses the trademark?
Short answer is yes. If the business claims rights to use a mark, they may use the “TM” (trademark) or “SM” (service mark) designation to alert the public to their claim of a “common-law” mark. No registration is necessary to use a “TM” or “SM” symbol and they may continue to use these symbols even [..]
What Is A Maryland Will ? A will is a written document directing the disposition of a person’s assets after death. What are the Requirements for A Valid Maryland Will In Maryland, a will must be signed by the person making the will (testator/testatrix) and Attested and signed by two credible witnesses in the presence [..]
Estate planning can be a complicated process, made more so by the many terms not used in everyday interactions. The following definitions will help you understand legal terms and phrases which are relevant to wills, trusts, probate and the estate planning process. BENEFICIARY: The person for whose benefit a trust is created. CODICIL: A document [..]
A copyright is a form of protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic,websites and certain other intellectual works, both published and unpublished. The 1976 Copyright Act generally gives the owner of copyright the exclusive right to reproduce the copyrighted work, to prepare derivative works, to distribute copies [..]
Owning a federal trademark registration on the Principal Register provides several advantages, including: Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration; The ability to [..]