All business owners think that their trademarks is unique and easily recognizable and may apply for a “trademark” to protect their logo and branding. Trademark protection is not available, however, for marks that are considered to be descriptive unless the mark is known as a trademark and not just a way to describe the goods or services. When the trademark application is first … [Read more...]
Trademarks and service marks are words and designs that function to identify and distinguish the source of the goods and services of one party from those of others. Consumers use trademarks to identify products and services.
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Types of intellectual property rights Four main types of intellectual property rights are used to protect products: patents, trademarks, trade secrets and copyrights. The product may be protected by one or more of these types of intellectual property rights. For example, a design patent may be sought for the ornamental look of the product. Simultaneously, a utility patent may … [Read more...]
COMMON LAW TRADEMARK RIGHTS v. TRADEMARK REGISTRATION In the United States, certain trademark rights are created whenever someone uses a mark in connection with a product or service. If a product is sold or a service is rendered in conjunction with the mark, then trademark rights or service mark rights attach immediately to the mark for the benefit of the entity using that … [Read more...]
California has a strong public policy that allows employees to change jobs, seek employment, or otherwise practice their trade or skill. This policy is embodied in Business and Professions Code Section 16600 (“Section 16600”). Under Section 16600, all contracts that restrain an employee’s ability to work are void unless the contract is based on a dissolution of partnership or … [Read more...]