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Indiana Trademark Questions & Answers
1 Answer | Asked in Trademark for Indiana on
Q: What is a collective membership mark?
Paul Overhauser
Paul Overhauser
answered on Jan 16, 2011

A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a... View More

3 Answers | Asked in Trademark for Indiana on
Q: What is a "famous" trademark, and why should I care?
Paul Overhauser
Paul Overhauser
answered on Dec 30, 2010

According to the Lanham Act,a “famous” mark under the Lanham Act is:

(2) Definitions

(A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the...
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1 Answer | Asked in Trademark for Indiana on
Q: If I stop using my trademark, does my trademark registration become invalid?
Paul Overhauser
Paul Overhauser
answered on Dec 29, 2010

The registration does not become invalid, although unless you intend to continue using trademark, you could be deemed to have "abandoned" the trademark, making it unenforcable. A Federally registered trademark is presumed to be abandonded if it is not used for three years. Specifically,... View More

1 Answer | Asked in Trademark for Indiana on
Q: My website domain name is similar those of several competitive websites. Can I be sued for trademark infringement?
Paul Overhauser
Paul Overhauser
answered on Dec 14, 2010

You might be sued if the names are so similar that consumers might be confused by the similarity. A domain name can constitute a trademark or service mark, and domain names can be registered with the Trademark Office. However, depending on where you are located, you may not be subject to the... View More

1 Answer | Asked in Trademark for Indiana on
Q: What is the difference between a trademark and a service mark?
Paul Overhauser
Paul Overhauser
answered on Dec 14, 2010

A trademark is used in connection with products (such as TIDE for laundry detergent), while a servicemark is used in connection services (such as ROTO-ROOTER fo plumbing services). Some marks can be both a trademark and a service, such as DAIRY QUEEN, which is used for both restaurant services,... View More

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