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Дирекция на Природен парк "Персина"

гр.Белене 5930,
ул. "Персин" №5


тел/факс: 0658/3 26 84

e-mail: persina@abv.bg,

Intellectual Property Law at a Glance, Part 1: Trademark Myths Debunked Lawyers Near Me Trademark Myths Debunked Have you ever questioned whether or not you need to—and the way tough it is probably—to guard highbrow belongings (IP) associated with your business or product? Do you recognize what you could do to try to avoid a steeply-priced IP infringement lawsuit? In this 3-element collection, we perceive a number of myths associated with IP rights, and provide an explanation for, in simple phrases, steps you may take to apprehend and shield the IP your business creates and acquires. We also provide a high-stage explanation of commonplace troubles that get up in connection with IP enforcement. First up inside the collection is Trademark Myths. As history, a trademark is a phrase, symbol, or phrase, used to identify a selected producer’s or supplier’s products to distinguish them from the products of every other. For instance, the trademark “Nike,” along side the Nike “swoosh,” identifies shoes Nike makes and distinguishes them from footwear different organizations make. When such marks are used to identify services rather than products, they're called service marks, even though generally, they're handled similar to logos. Trademarks are protectable by way of federal law (see Federal Trademark Act of 1946, 15 U.S.C. §§ 1051-1127) and state regulation. Most state trademark laws are meant to be consistent with federal regulation. Under a few situations, trademark safety can expand past phrases, symbols, and phrases to consist of different elements of a product, e.g., its coloration or packaging. For instance, the particular shape of a Coca-Cola bottle may serve as a source figuring out feature. Such features fall normally under the time period “alternate get dressed,” and may be protected if clients accomplice a particular function with a particular producer rather than the product in preferred. 1. AS LONG AS I REGISTER MY TRADEMARK, I DO NOT NEED TO USE IT TO BE PROTECTED. Under Section 45 of the Lanham Act, a mark could be deemed abandoned if it has been discontinued with purpose not to resume use. Intent now not to renew use can be inferred from occasions. If there is nonuse for three consecutive years, there's a presumption of abandonment, and a prima facie case is established. In phrases of a cancellation proceeding, once there's evidence of 3 years of nonuse, then the burden shifts to the trademark owner to expose use throughout the 3-yr duration or that in spite of the three years of nonuse, there was cause to renew use of the mark within a reasonably foreseeable time. 2. OUR BUSINESS NAME IS A COMMON OR GENERIC TERM, SO WE CANNOT BE SUED FOR TRADEMARK INFRINGEMENT. Generic words are not entitled to trademark safety, and descriptive marks may handiest be entitled to restricted protection, if any. Nonetheless, whether a term is “familiar” or “descriptive” in the trademark sense relies upon on what items and/or services are promoted and sold below the mark. For instance, the mark “BANANA” may additionally seem accepted or descriptive such that nobody have to have the exceptional proper to apply it. This may be genuine when the time period is used in reference to fruit-related merchandise. But, if “BANANA” is utilized in reference to something absolutely unrelated to fruit or fruit-related merchandise, such as handbags or motors, then the mark isn't always accepted or descriptive from a hallmark regulation perspective and might be entitled to sturdy protection. 3. I NEED A REGISTRATION TO “TRADEMARK” A MARK (OR ACQUIRE RIGHTS IN IT). In the US, opposite to maximum other international locations, trademark rights rise up with use (no longer registration) of the mark in the market. So, as quickly as you start the usage of your mark to sell your goods and services, you got trademark rights. Nonetheless, trademark registration has many advantages: 1) the capacity to use the registration image ®; 2) the criminal presumption that you personal your mark; 3) the capacity to preclude others from registering a comparable mark; and 4) you may rely upon your registration in the United States as the basis for trademark filings in different jurisdictions the world over. 4. I SHOULD WAIT UNTIL MY BUSINESS GROWS TO REGISTER MY TRADEMARK. You can sign up your mark previous to use. In reality, it's miles favored that a organization practice for registration previous to the sale of the products or services or earlier than a commercial enterprise is open. It is strongly advocated that a business sign in its emblems as quickly as viable to keep away from infringement by using copycat organizations. five. AFTER I REGISTER, NO ONE ELSE CAN USE MY BRAND’S NAME. Federal trademark registration handiest applies to the training of products and offerings in which a trademark is registered. The training are divided into classes such as restaurants, clothing and apparel, creation services, and so on. It is possible that two famous companies can have the exact identical call and each be protected by means of trademarks. Moreover, trademark law might not save you the public from the usage of a time period that describes a product even if the term is registered as a trademark. In the above example, even supposing the mark “BANANA” is registered as a trademark, no person might be capable of save you the general public from the usage of “BANANA” to describe the fruit. 6. I OWN A TRADEMARK REGISTRATION; THEREFORE, I OWN A MONOPOLY FOR MY MARK. Two businesses can also use identical marks as long as the goods or offerings supplied with the aid of the organizations are distinctive sufficient that customers would be not likely to assume that a organization providing the primary products or services could be in all likelihood to offer the second one services or products. An example of this will be use of the mark “Dove” for cleaning soap and goodies. 7. MY TRADEMARK SHOULD DESCRIBE MY PRODUCT OR SERVICE. The essential characteristic of a trademark is to perceive the supply of the goods and services of one supplier and distinguish them from the ones sold by all others. Therefore, a mark may not be entitled to protection if it's miles decided to be (1) simply descriptive of the goods or services to which it relates or (2) the established time period for such goods or services. 8. I AM FREE TO USE THE REGISTERED TRADEMARK SYMBOL AS SOON AS I BEGIN USING MY MARK. The ® image designates a federally registered trademark, and can handiest be used (in fact, should be used) when the proprietor has a federal registration for that genuine mark. A nation registration does now not allow use of the ® image, nor does a pending federal application. The “TM” (for emblems) and “SM” (for carrier marks) symbols indicate commonplace regulation trademark rights and their use isn't always ruled with the aid of any federal statute. They merely announce to the world that one is claiming unique rights to this mark, irrespective of federal registration

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План за управление на Природен парк "Персина"


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