PUBPOL 373 Lecture Notes - Lecture 18: Toucan Sam, Froot Loops, Toucan

• School: Duke University
• Department: Public Policy Studies
• Course: PUBPOL 373
• Professor: Frey

Document Summary

Requirements are that the mark must be used in interstate commerce; the mark must be distinctive; and the mark must not be barred from registration (same rules apply for protection of an unregistered trademark against infringement. Validity comes from registration or distinctive use in interstate commerce. Federal registration initially provides prima facie evidence of validity; after five years of continuous registration and use, federal registration provides conclusive evidence of validity. Any person who believes that he would be damaged by registration of the mark can file for an opposition within thirty days of the mark"s publication. For intent to use apps, if the mark is not successfully opposed, then the applicant receives a notice of allowance. Within six months of the notice of allowance, the applicant must establish use of the mark in interstate commerce. The trademark owner must maintain the mark and continue to use the mark to maintain his rights.