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Intellectual Property Blog

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McBrayer Blogs

Showing 2 posts from 2019.

The “Likelihood of Confusion” Test for Trademarks: What to Know When Creating Your Brand

Posted In Trademark

The purpose of a trademark is to provide your business with a unique identifier on which to build your brand. Trademarks then help you to stand out in the marketplace. It’s only fitting, therefore, that one of the key elements of trademark infringement under the Lanham Act, also known as the Trademark Act, is the likelihood that consumers would be confused by a mark that is similar in some way to the potentially-infringed trademark. More >

McDonald's Learns a Trademark Truism: "Use It or Lose It"

Posted In Trademark

A well-known truism of trademark law is that if the owner of a trademark is not making adequate ongoing use of that trademark, the owner of the mark is at risk of jeopardizing the continued right to enforce the trademark to prevent others from using the same or a similar mark in a related line of business.

Double CheeseburgerApparently the McDonald’s restaurant chain just this week felt the pain of this rule, possibly losing the right to enforce the BIG MAC trademark anywhere throughout the European Union. More >

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