Does a pseudo mark change the rights of a trademark owner?

Notice of Pseudo Mark for the trademark BOBFORYOU

What is a pseudo mark? A pseudo mark is a plain English spelling of a phonetic trademark that comprises a misspelled word, a number, or telescopic trademark. A pseudo mark works like search tag and it is added to the USPTO database to make some trademarks more searchable. A pseudo mark may also discourage infringing trademark…

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Holding a domain name without use is not udrp bad faith

Nanosonics Ltd is a public company in Australia battled for nanosonics.com

In a 2015 case about nanosonics.com under the Uniform Domain Name Dispute Resolution Policy (UDRP) before the World Intellectual Property Organisation (WIPO), a panel has denied a domain name transfer on the basis that there was no UDRP bad faith use, even though the respondent had held the domain name without using it for almost…

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Cybersquatting Cases

There are four main types of Cybersquatting cases: Domain name owners suing to stop domain hijacking and claiming damages. Trademark owners suing for Domains registered in bad faith to get the domain name canceled or transferred – “In Rem.” Trademark owners suing for Domains registered in bad faith to get the domain name canceled or transferred…

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Trademark Symbol

Registered trademark symbol in gold

Businesses use a trademark symbol next to their marks to indicate that they claim rights in a trademark. What is the trademark symbol? Businesses use the following trademark symbols as a superscript to the right of their trademark: TM, SM and ® The TM symbol stands for “trademark.” It is used to alert the public about…

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Value Domain

startup domain name price guide

There are a number websites that automatically value domain names, but they are not usually correct. Domain value can be influenced by numerous other factors that algorithms don’t take into account. Value Domain Names Value domain names are not cheap domain names. Value domain names are domain names that will rank in google search results…

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How to trademark a band name

It is important to trademark a band name either before a band starts playing in venues or soon afterward. Often a band will break up at the beginning and one or more band members will try to claim ownership to the band’s name. And domain name squatters may register a bandname.com as soon as a…

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The Slants Supreme Court Case

The Slants Supreme Court 2017 Docket Summary The Supreme Court of the USA will decide the case of Lee v. Tam in 2017: Can you register a disparaging trademark, namely, THE SLANTS for Entertainment in the nature of live performances by a musical band. The Supreme Court will decide whether the constitutional right to freedom of speech…

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Priority Date

The priority date for a trademark application or a PCT application is the date that the application was previously filed in a country of the Union of the Paris Convention. This previous filing date shall be within the past six months to claim a priority date in another country of the Union for industrial designs and trademarks. See part…

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Dawn Donut Rule

Is the Dawn Donut rule still good trademark law? Yes, in most circuits. Dawn Donut rule The Dawn Donut rule was first announced in the 1959 case of Dawn Donut Co. v. Hart’s Food Stores, Inc., 267 F.2d 358 (2nd Cir. 1959). The court asked, if the mark owner is not in the area (by sales or…

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Cybersquatting

The cybersquatting law is also called the Anticybersquatting Consumer Protection Act or the ACPA. Cybersquatting cases are a tool for trademark owners to seize later registered domain names that are registered by domain pirates in bad faith with regard to a given domain name. Cybersquatting does not apply to domains registered before a matching trademark or domains…

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