When two parties contend that they have the exclusive right to use a specific name or emblem for their company or product, trademark infringement is a frequent problem. Finding out that someone has trademarked your name can be frustrating and perplexing. Understanding your legal choices and what you can do to defend your rights, however, is crucial.
The first thing to know is that there are two different kinds of trademark rights: common law and registered. While registered trademark rights are earned by registering the name or logo with the United States Patent and Trademark Office (USPTO), common law trademark rights are those that result from utilizing a name or logo in commerce. If someone has registered your name as a trademark with the USPTO, it implies they have the sole right to use your name or logo in commercial endeavors.
You might be able to contest the registration if you think that your name has been unfairly trademarked by filing a trademark cancellation proceeding with the USPTO. It is necessary to demonstrate your prior common law ownership of the name or logo as well as the fact that the other party’s registration is leading to consumer misunderstanding or undermining the distinctiveness of your brand.
Are trademarks thus worthwhile? Yes, it is the answer. Trademarks give your brand important legal protection and aid in preventing unauthorized use of your name or logo that can be detrimental to your company. A trademark registration with the USPTO also offers you the legal ability to sue for trademark infringement and pursue damages.
Some trademarks, such as generic or descriptive phrases that do not distinguish one party’s goods or services from another, never get protection. For instance, since “coffee” is a phrase that identifies the commodity being offered, you cannot trademark it for a coffee shop. Does a trademark take precedence over a copyright? No, is the response. Different kinds of intellectual property are protected by copyrights and trademarks. A copyright protects creative works of authorship, such as books, music, or artwork, whereas a trademark protects a name, logo, or slogan that is used to identify and distinguish goods or services.
Who is IheartNY’s owner? The New York State Department of Economic Development is the registered owner of the “I NY” logo. An iconic representation of the metropolis, the logo was developed in 1977 as part of a marketing push to encourage tourism in New York metropolis. The trademark is upheld to stop unlawful use of the logo and to safeguard the reputation of the company.
In conclusion, it’s critical to comprehend your legal options if someone has trademarked your name and to speak with a trademark expert. Investments in trademarks are worthwhile to safeguard your brand’s reputation from third parties exploiting your name or logo in ways that could be detrimental to your company.
Milton Glaser, a graphic designer, developed the enduring “I NY” logo and campaign in 1977.
Since “I Love NY” is not a real item, its value is impossible to ascertain. Nevertheless, it is a well-known and famous brand that stands in for the state of New York and its travel and tourism sector. A corporation was sued by the state of New York in 2013 for trademark infringement, and the state was given $1.95 million in compensation. This illustrates how valuable and significant the trademark is.