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The term “trademarks” is known to all of us, but little do we know how their importance to the students of law. An official trademark is an identifying or distinguishing term, name, symbol, or design used in commerce to identify and distinguish one manufacturer's or seller's goods from another's, as well as to indicate the source of the goods.

Common law protects trademarks as part of the law of unfair competition. Trade dress and anti-dilution protection have been added to trademark law in recent years. A practitioner of law ought to have a strong grasp of the theories of Trademark and Trademark laws, however, often students complain that it is often dealt with negligence, and hence, a gap develops.

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What is the Trademark Law?

Trademark law oversees a manufacturer's or merchant's use of a device (such as a word, phrase, symbol, product form, or logo) to identify and differentiate its goods from those created or sold by another. Service marks, which are applied to services rather than commodities, are likewise subject to 'Trademark law.' Certain common law trademark rights in the United States are derived solely from the use of a mark.

However, to acquire the best possible protection for a mark, it is nearly always recommended to register it, either with the federal government or, if available, with a state government. A registered federal government mark should be denoted by the ® sign. Unregistered trademarks should be denoted by a "TM," whilst unregistered service marks should be denoted by an "SM."

Under U.S. trademark law, a mark is infringed when another person uses a device (a mark) to confuse the source or sponsorship of the products or services involved. Multiple parties may use the same mark only if their goods are not so similar as to cause consumer confusion. When a mark is merely protected by common law trademark rights, the identical marks can be used as long as there is no geographic overlap in their usage. Federally registered trademarks have a national geographic reach and are so protected across the United States. Backed up by our Trademark case study assignment help, these concepts are further elaborated and explained for your better understanding.


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The Sources of Law Which Govern Trademarks

Federal and state laws govern trademarks. Originally, state common law was the primary source of trademark protection. The United States Congress, on the other hand, adopted the first federal trademark legislation in the late 1800s. Since then, federal trademark law has steadily grown, absorbing most of the territory previously protected by state common law. The Lanham Act, established in 1946 and most recently revised in 1996, is the primary federal legislation. 1051 et seq., 15 U.S.C. Today, federal law serves as the primary and, by far, most comprehensive source of trademark protection, however, state common law lawsuits are still accessible. The majority of this summary's content is centered on federal law.

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