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Trademark law

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Hi,

Can you help me with the following please:

The answer to this question must contain five paragraphs. There is a part of the opening sentence for each paragraph. Please complete the opening sentence and add examples to make a paragraph for each, and mention the references you used for your answers:

1. The owner of a trademark cannot legally defend his mark against infringements. In order to do so, the trademark must ...
2. The extent to which a trademark is defendable depends upon ......
3. A registered trademark is relatively simple to defend in a court of law. An unregistered mark relies on the law of ....
4. The Trade Marks Act 1991 states that "a person infringes a registered trade mark if he ...
5. The current UK Trade Mark legislation is the ...
6. The simplest form of business name protection which exists is ...
7. To try to get total protection of a business name, the owners should ...
8. When considering the protection of a company name, the owners should assess...

Thanks in advance.

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Solution Summary

The answer to this problem explains trademark law . The references related to the answer are also included.

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1. The owner of a trademark cannot legally defend his mark against infringements. In order to do so, the trademark owner must show that he has a valid and legally protectable mark. He owns the trademark and the defendant's use of the mark to identify goods or services causes a chance of confusion. These requirements have been mandated by Lanham Act, 15 U.S.C. § 1114, and 15 U.S.C. § 1125(a).
2. The extent to which a trademark is defendable depends upon the extent to which the owner of the trademark can show that the entity making the infringement is likely to cause confusion as to the affiliation, connection or association of infringer with the trademark owner. The owner can also show the extent to which the origin, sponsorship, or approval of the owner of the goods, services or commercial activities by the infringer can cause confusion. Legally, the use of the trademark, in commerce, causing likelihood of confusion are ...

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Hatim Baxamusa, MBA
Education
  • BSc , University of Calcutta
  • MBA, Eastern Institute for Integrated Learning in Management
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