Los Angeles Copyright Attorneys & Lawyers

Updated July 13, 2020:

What Is a Dead Trademark?

A dead trademark is a trademark that was once registered or applied for and that the Patent and Trademark Office doesn't recognize anymore. Individuals and companies can register and use a dead trademark. When this happens, the original business can no longer use and seek protection for that trademark.

What Is a Trademark?

According to the USPTO, a trademark is a "word, phrase, symbol or design, or a combination of words, phrases, symbols, or designs, that identifies and distinguishes the source of the goods of one party from those of others." A

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Service Mark Registration Overview

A service mark registration defends your intellectual property. Your mark must be registered with the United States Patent and Trademark Office (USPTO). 

Service mark and trademarks are different. A service mark is used for a business that provides services. A trademark is used for a business that provides products. They can both be called marks. Restaurants use service marks because food is a service. Many businesses choose to use both marks.

Service marks can be many things. Common service marks include:

• Tunes
• Phrases
• Logos
• A

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What Are Fanciful Trademarks?

Fanciful trademarks are made-up terms invented for the single purpose of functioning as a trademark. They can be either neologisms (words that don't mean anything in the English language) or archaic words that are out of common usage.

A fanciful trademark is distinctive and only has a meaning when used in relation to a specific product. For this reason, fanciful marks are the strongest type of trademarks.

Famous examples of fanciful trademarks include Exxon, Kodak, Pepsi, Clorox, and Xerox.

Understanding the Strength of Trademarks

A term is considered a trademark and receives protection only when it's distinctive. The public needs to able to distinguish the mark associated with your product from the goods of your competitors. The more distinctive a trademark is, the stronger it is.
A mark can fall into

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What Is Software Forensics?

Software forensics is a branch of science that investigates computer software text codes and binary codes in cases involving patent infringement or theft. Software forensics can be used to support evidence for legal disputes over intellectual property, patents, and trademarks. 

Digital forensics and computer forensics are both tools used to recover computer files. Digital forensics tries to find files that are the same, and software forensics examiners focus on function.

Software forensics is especially important in patent and trade cases. In these cases, someone might have copied another person's code, but rewritten that code in a way to hide the theft. A digital forensic examiner may not have the tools or capabilities to prove a crime occurred. If you need help,

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What is a Trademark Infringement Test?

The Trademark Infringement Test determines the likelihood of people confusing two companies with similar marks. If you feel like someone is using your trademark in a way that confuses your customers, there are a few tests to check for Trademark Infringement.

The tests are used as a way to protect the first person who has registered that trademark. The phrase used to decide the outcome is whether there is a "likelihood of confusion" between your business and another. The law is known as the Lanham Act 15 USC1114(a)(1).

There are two main questions that courts ask when testing for Trademark Infringement:

1. Has

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