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Legal Notes -- SMP Hot Links Supreme
A trademark should not be confused with
a trade name. A trade name designates a group of businessmen or
a particular business (i.e., the persons selling or manufacturing
a product) as an entity. To a lesser extent it is used to identify
the goods themselves. It is related more to the goodwill of the
company whereas a trademark is associated only
with the product itself.
Exclusive rights in a trademark come under the jurisdiction of state common law (law or legal theory derived from past judicial decisions that have their base in custom, reason, logic and common sense). Protection commences immediately upon first adoption and use of the mark under state common law and by federal law upon application for registration (if application is later accepted and if certain regulations are adhered to in the interim) or upon the use of the temporary protection mark "TM" (if application is later accepted and if certain regulations are adhered to in the interim). Generally, continued use must be maintained to preserve these rights.
See Cross-links: TRADEMARK-A CLOSER LOOK,
PATENT, COPYRIGHT LAW,
NAME under "Trade Name."
.False Designation of Origin:
The misrepresentation of the entity responsible for the creation or production of a good or service moving in interstate commerce, e.g., the deletion of an author's name on a song distributed in more than one state. See Cross-links: FALSE ARBITRATION, UNFAIR COMPETITION, CREDIT, RIGHT under "Name Rights." See Cross-links: CONTRACT-RECORDING CONTRACT clause #16, CONTRACT-SONGWRITER/PUBLISHER CONTRACT clause #6, NAME under "Omission of Name."
.Index to the Trademark Register:
A book offered by the U.S. Patent Office that lists registered names and trademarks.
.Patent and Trademark Office:
A division of the U.S. Department of Commerce whose main functions are
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