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UCL claim could be based on lost opportunity to register trademark

43(B)log

A trademark is a “limited property right,” and, by alleging a depreciation in the value of his unprotected Casper mark and a deprivation of the Casper trademark, Zamfir sufficiently stated a claim for monetary loss. Those injuries didn’t come from the alleged infringement.

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Registered Trademarks Does Not Mean Impunity from Priority Local Use Challenge

JD Supra Law

But even though trademark registration confers on owners certain exclusive rights and benefits, such as constructive national notice of use, protects against registration of confusingly similar marks, provides notice of ownership, and enables recovery of statutory and exemplary damages in appropriate cases, it does not extinguish the rights of.

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How Do People End Up Losing Their Trademark Rights?

Kashishipr

A trademark registration certificate that you receive after getting your proposed trademark approved from a country’s Trademark Office is just the first step in the journey of your trademark ownership. Furthermore, it will also never enforce your trademark rights on your behalf.

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Fortifying Your Brand: Dissuading Infringers through Trademark Registration

LexBlog IP

A registered trademark serves as a deterrent to potential infringers. When competitors or unauthorized entities see a registered mark, they are less likely to attempt to capitalize on its recognition due to the legal consequences that could ensue. Minimizing Brand Confusion Brand confusion can erode consumer trust and loyalty.

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[Video] Trademark and Art Label Errors to Avoid - Webinar

JD Supra Law

Trademarks left unregistered are more vulnerable and have minimal legal protection. US trademarks are protected through registration with the United States Patent and Trademark Office. A registered trademark gives you legal presumption of ownership and exclusive right of use. By: Whitcomb Selinsky, PC

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Trademark Registrations: The Principal Register vs. Supplemental Register

Above the Fold

Provides the right to use the ® registered trademark symbol in conjunction with the trademark. Serves as a basis for filing a trademark infringement lawsuit in federal court. Provides a presumption of validity for the registered trademark. Provides a presumption of ownership of the registered trademark.

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Africa IP highlights 2021 #1: The copyright field

The IPKat

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.