Trademarks

Trademark law has two basic aspects: (a) protection of the public from confusion in the marketplace, and (b) protection of famous marks from loss of distinction and loss of reputation ("anti-dilution").

Consumers may become confused when they see a trademark, used for particular goods or services that are similar to someone else's trademark, used for similar or related goods or services. If there is a "likelihood of confusion," this is trademark infringement.

If the mark is famous, the law also protects it against "blurring" or "tarnishment," regardless of whether it is used in a confusingly similar way. If there is a "likelihood of dilution," this is also trademark infringement.

Trademarks may be registered, both federally and in each state. It is not necessary to register a trademark to have trademark rights under the law. However, registration provides a number of advantages.

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