Non-use is excused only if caused by external factors beyond the owner’s control; lack of funds is never an excuse.
What conditions allow non-use of a mark to be legally excused? Read More »
Using a mark in a slightly different form doesn’t cause cancellation, provided its distinctive character is not altered.
Using a mark for one product in a class prevents cancellation for all other goods within that same class.
Use of a mark by a related company benefits the registrant and maintains the mark’s validity and registration.
How does use of a mark by a related company benefit the registrant? Read More »
Final cancellation orders terminate all rights conferred by registration and must be published in the IPO Gazette.
What happens once an order for the cancellation of a mark registration becomes final? Read More »
Unauthorized use of a mark in commerce that causes confusion or deception constitutes actionable trademark infringement.
Trademark infringement is established when prohibited acts are committed, regardless of whether an actual sale occurred.
Is an actual sale of goods required to establish trademark infringement? Read More »
Damages for infringement are measured by the owner’s lost profits, the infringer’s actual profits, or gross sales percentages.
How are damages measured in a trademark infringement case? Read More »
Damages may be doubled if the infringer acted with an actual intent to mislead the public or defraud.
Under what conditions can a court double the damages awarded for infringement? Read More »
Courts can order the destruction or disposal of infringing goods and all materials used to create them.
What power does a court have over infringing goods and materials? Read More »
