Use it or Lose It
Definition of "use in commerce" from section 45.
Legal proceedings to challenge federal registrations can be brought in these two places.
The Trademark Trial and Appeal Board (TTAB) and federal courts
Which part of the USPTO handles challenges to applications and registrations.
Trademark Trial and Appeal Board
True or False: Plaintiffs must prove actual confusion to win a trademark infringement claim.
False
Lower standard of use in commerce that can provide priority for unregistered, common law users.
Analogous use (Andrusiek case)
Filing this declaration cuts off certain challenges to registrations after a certain period of time.
What is incontestability
30 days
The "unfair competition" section of the Lanham Act that provides for infringement of registered or unregistered marks.
Section 43(a), 15 U.S.C. section 1125(a)
Case holding that preparations to do business are not use in commerce for registration.
Aycock v. Airflite
The distinctiveness challenge to a verbal mark that can be brought at any time after registration.
Genericness
Amount of nonuse to qualify for the presumption of abandonment of a federal registration.
3 consecutive years with no intent to resume use
The two Sleekcraft factors that are most important to courts.
Similarity of the marks and relateness of the goods or services.
Definition of commerce from the US Constitution that applies to the Lanham Act.
The most important benefit of Principal Register registrations that is not available for Supplemental Register registrations.
Incontestability
Challenging a federal registration based on likelihood of confusion with a prior claim of rights must be brought before this many years pass.
5 years
The two common types of likelihood of confusion consumer survey formats.
After the Couture v. Playdom case, this level of use is required for registration of a service mark.
Use in the sale and advertising, and services are rendered to customers.
A registrant's failure to use the "circle R" symbol prevents the registrant from recovering these two things in litigation unless it provides actual notice.
The two types of relief available in federal courts but not in the Trademark Trial and Appeal Board.
Damages and injunctive relief.
True or false: A minimum number of factors are required to favor the plaintiff in a likelihood of confusion analysis for a finding of trademark infringement.
False