(However, it could
not trademark the name.)
Well, it is pretty suspicious that a character that Nintendo hasn't used for a while (and hasn't trademarked the name of before) suddenly gets a registered trademark just a few months prior to the Smash Bros ballot results being revealed.
Not exact matches
The cancellation does
not require the Redskins to stop using the
name Redskins, says Paul Llewellyn, co-head of law firm Kaye Scholer's
trademark, copyright, and false advertising group.
Note that your
trademarks might include
not only your
name, but also a slogan, symbol, picture or logo.
But a business that hasn't applied for copyrights or patents, registered its trade
name and
trademark, or protected its trade secrets — and actively defended them — may have trouble making its case in court.
The
trademark office will
not register a domain
name that does
not also meet the requirements of being a
trademark; a domain
name by itself is considered merely an address.
However, if proper steps aren't taken to arrive at an available
name, the risk of stepping on an existing
trademark can be high.
Make sure to run your potential
name through Internet searches and USPTO.gov
trademark searches to confirm the
name is
not being used by other brands or businesses.
(
Not too long afterward, Woolverton realized he'd made a grave error with his company's
name — a corporation, Eden Foods, already held the
trademark and he had to scrap everything, coming up with a new brand
name — Halo Top — and designing a new logo.)
The protectable «leg of the stool» is the one most likely to leave the deepest scar if proper steps are
not taken to find an available
name and have it
trademarked.
Even if you do
not hire a
naming company, Contis suggests hiring
trademark help, since nothing will deflate an exciting startup like a cease - and - desist letter.
You may also want to check in with your local chamber of commerce to see what
names have been reserved, if
not yet
trademarked, or work with a lawyer.
«Don't just look at the first three pages; look at the first 25, so you're
not missing anything,» says Shah, who discovered after five days of Googling, that the initial
name for her clothing startup Vicaire was taken by an existing small business that hadn't bothered with
trademarks — but could later on.
Corporate law firms offer
trademark search services for a fee and will ensure that your chosen
name isn't taken by businesses in similar industries or in an application that's currently pending approval.
Still, all of this means the U.S. burger chain might
not even really have to win in court against Down
N» Out to succeed at its larger goal: demonstrating from a legal perspective that they're aggressive in protecting their
name and other
trademarks, which makes the marks themselves stronger.
They have an e-book you can download too that actually has business
names that you can either use, (in which case make sure it's available in your state and
not trademarked like «Sew Special» might be) or at least have a bunch of
names that can help your creative juices get going.
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You can
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Arsene needs to inspire his boys even when they are behind... his shivering on the bench doesn't help matters... Inspiring a team is a major
trademark or attribute of top managers... like Simone, Ferguson, Mourinho just
name them..
Although Shults didn't invent the sport of footbag — commonly known by the
trademark name Hacky Sack — he is responsible, more than anyone else, for sparking its international popularity.
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I just don't understand why Man Utd hired him in the first place — beyond desperation for a big
name — this is his
trademark, this is what he does..
Someone elsewhere may take your
name and you may
not be able to stop them, because your business does
not extend to that area as «passing off» is limited in this way, whereas a UK
Trademark applies throughout the UK.
The article goes on to note that other Google ads mention corporate
names without being removed, though
not whether those companies have challenged the use of their
trademarks as MoveOn appears to have done.
Assuming that that's all this is — that MoveOn raised the point and other organizations or companies haven't — then, no big deal, since anyone with a
trademarked name could challenge a critical ad on the same grounds.
You acknowledge and agree that (i) NLGA's
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