From the course: Understanding Intellectual Property (2014)

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Preparing to trademark

Preparing to trademark

From the course: Understanding Intellectual Property (2014)

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Preparing to trademark

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All right, let's say you've come up with the most amazing slogan. This is going to be company-changing. It's going to redefine the brand. Your boss loves it. The marketing people love it. Your wife and kids love it. This is going to help establish you as the innovator of the slogan. And what you want to know is, how do I trademark that? Unfortunately, that's not the first question you should ask. The first question you should ask is, can I adopt this trademark without infringing somebody else that's a prior user of the trademark? And this is pretty common. You actually have to step back from a trademark that you may be completely in love with. And ask the question, can I adopt this trademark without infringing a third party? Why is that? Well, because trademark rights arise from use. The rights go to the first user. And you might not be the first user. You can even check the trademark database, and find that it's clear. And still have a problem, because trademark rights arise from…

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