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Well-known Trademarks in USA

WELL-KNOWN AND FAMOUS TRADEMARKS IN USA

The United States (USA) under Lanham Act, Sections 43 and 44, incorporates and implements the standards laid down by the Paris Convention and the TRIPS Agreement for well-known/ famous mark by protecting registered as well as unregistered well-known marks, having both domestic and foreign origin, against any use and/or registration by unauthorized third parties. [1]

What is not registrable as a trademark in United States?

The trademarks which are not registrable in United States are the following:

  • immoral or scandalous matter;
  • deceptive matter;
  • matter that may disparage, falsely suggest a connection or bring contempt or disrepute;
  • any flag, coat of arms or other insignia of the United States, any state or municipality or foreign nation;
  • matter protected by statute or convention (eg, the Red Cross or the Olympics);
  • the name, portrait or signature of a living individual or deceased US president, without consent;
  • generic, merely descriptive or deceptively misdescriptive terms;
  • geographically descriptive or misdescriptive terms; and
  • names that are primarily merely surnames.

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Trademarks in USA

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[1] https://www.worldtrademarkreview.com/portfolio-management/trademark-procedures-and-strategies-united-states

Category: trademark-united-states-faq

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