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    Lanham Act: What are protected marks, and what are the five distinctive marks?

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    What are protected marks, and what are the five distinctive marks that qualify for protection under the Lanham Act? Cite a specific example of a distinctive mark.

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    What are protected marks, and what are the five distinctive marks

    What are protected marks, and what are the five distinctive marks that qualify for protection under the Lanham Act? Cite a specific example of a distinctive mark.

    According to Guillot, 2007, trademark rights are protected through the following:

    1. Registration: One may register their trademarks with the United States Patent & Trademark Office (PTO), and related agencies in their countries. It is not necessary for unregistered marks to be registered to be enforced as they are still protected at "common law" in the United States. However, registered marks enjoy some advantages over unregistered marks, e.g., presumption of the mark of its validity, ability to take trademark infringement actions. A registered mark that has been continuously used in interstate commerce for five years can be made incontestable if the registrant files an affidavit with the PTO. When maintained properly by registration, payment of taxes or fees, renewal of applications, trademark ...

    Solution Summary

    The solution is 589 words and defines protected marks and the five distinctive marks that qualify for protection under the Lanham Act. References are included.

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