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Doni Robinson

Phantom Marks – Registering Trademarks with Variable Elements
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By Doni Robinson doni@jayaramlaw.com A phantom mark is a mark which contains a variable element that changes depending on the use of the mark.  Phantom marks may contain a date, a geographic location or a model number. Generally speaking, a phantom mark is not a registrable mark because phantom marks do not function as one trademark. A trademark application must…

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Trademark Fair Use: When Is It OK to Use Another’s Trademark?
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By Doni Robinson doni@jayaramlaw.com   A trademark serves to inform the public of the source of the goods or service associate with that mark. It follows that most unauthorized usage of a confusingly similar mark on competing goods and services would be considered infringement, since the public is likely to be mislead about the source of the goods and services.…

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Common Law v. Registered Trademark Rights
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By Doni Robinson doni@jayaramlaw.com   What rights does a registration get me? And what happens if I don’t have a registration? Of course it goes without saying that obtaining a trademark registration in invaluable. But what exactly does that registration grant you? A trademark registration grants the owner the exclusive right to use a mark as it pertains to specified…

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Protect your Brand with Amazon’s Trademark Registry Services
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By Doni Robinson doni@jayaramlaw.com Successfully obtaining a federal trademark is a crucial and imperative step necessary to protect your brand.  However, if you’re a trademark owner selling your goods on Amazon, you should take advantage of Amazon’s ancillary protection mechanism. Amazon Brand Registry affords private sellers with registered trademarks a variety of protections. These protections include preventing counterfeits from being…

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How to Prove That Your Trademark is Distinctive
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By Doni Robinson doni@jayaramlaw.com   Any trademark lawyer will tell you that no company should develop a brand without first ensuring their name is entitled to trademark protection. It is ideal to have this discussion at the outset so clients can avoid the painstaking journey of either rebranding or being forced to exist in the marketplace without a registered trademark.…

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3 Common Misconceptions About Trademarks
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By Doni Robinson doni@jayaramlaw.com   1. A trademark is the same as a copyright THE TRUTH – Trademarks and copyrights are totally different in law and in practice. A copyright would be appropriate for a piece of artwork, while a trademark protects your brand as an identification of source. 2. Having a registered trademark means no one else can have the…

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