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IP & Regulatory Law Blog Reflections of a former regulator on FTC and IP issues

Category Archives: Trademarks

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Despite Incontestable, Registered Trademark Still Weak

Posted in Trademarks, Uncategorized

After five years of continuous, post-registration use, a trademark registration can become “incontestable” under 15 U.S.C. § 1065.  An “incontestable” trademark registration is immune from challenge on certain grounds, such as that the mark is merely “descriptive” and lacks secondary meaning.  Although the validity of the registration may not be challenged on a “descriptiveness” basis,… Continue Reading

An Ounce Of Prevention….

Posted in Domain Names, Trademarks

Clients often inquire about whether they need to purchase every variation (e.g., misspellings) of their domain names used for their websites in order to prevent others from infringing their trademarks. The short answer is no.   Indeed, there is no requirement to purchase any domain names at all.  Generally speaking, in the U.S., trademark rights are… Continue Reading