What is a senior user trademark?

When a trademark owner is the first to use a mark, they are referred to as the “senior user.” Anyone who starts using a confusingly similar mark thereafter is called the “junior user.” A senior user of a common law trademark can sue a junior user if the junior user is operating in the same geographic area and using the …

What is a junior user trademark?

The second or subsequent user of a mark who may or may not have rights in the mark depending whether the mark is being used in the same territory as the senior (first) user. The senior user of a mark has rights superior to all others, and can generally exclude others from using their mark.

How do you get a common law trademark?

A common law mark is obtained simply by using the trademark in association with your business or product. Unlike a federal registration, there is no application process for common law trademarks; additionally, there are no fees associated with attaining a common law mark.

What are the rights of trademark?

The registered owner of a trademark will get a legal remedy just in case of infringement of the trademark within the manner provided by the Trade Marks Act, 1999. The owner could get an injunction and, at its possibility, either damages or an account of profits by instituting a suit against the alleged infringer.

What are the limitations to only having common law protection for trademarks?

Limitations of Common Law Trademarks Common law trademark rights are limited to the geographic area the intellectual property is used in and any areas where it could reasonably expand. If a hair salon trades under the name Curlz in California, the common law trademark rights for this name are only valid in California.

What are the different trademark symbols?

Principally, there are three symbols that are most commonly associated with signifying trademark rights: Circle R (®), TM, and SM. Depending on the nature of the goods/services sold and the status of the trademark application with the USPTO, one or more of these marks may be appropriate.

How do I make a trademark symbol?

For the Trademark symbol (TM), hold the Alt key down and type 0153. For the Registered symbol (®), hold the Alt key down and type 0174.

Should I get my logo trademarked?

Anyone whose logo identifies a business or profession should seriously consider trademark protection. Once you establish your trademark, the legal mark lasts forever. Just make sure to keep up with registration renewals at the five and ten year marks.

What is the difference between common law trademark and registered trademark?

As a starting point, “Registered” trademarks are marks that are registered with the U.S. Patent & Trademark Office (USPTO). Registration requires surviving a complicated application process. Common law trademarks, by contrast, require no registration.