A trademark is a type of intellectual property used to identify and distinguish goods/services of one party from those of others. Trademarks can be words, phrases, symbols, designs, or combinations thereof. Non-traditional trademarks also exist including product shapes, sounds, scents, or colors that create a unique brand identity. Examples include the word "Pepsi" for soft drinks and the shape of the Coca-Cola bottle.
In 1905, Congress revised the Trademark Act in the United States based on its Commerce Clause powers.
In 1938, the Trade Marks Act 1938 in the United Kingdom established the first registration system based on the "intent-to-use" principle, set up an application publishing procedure and expanded the rights of the trademark holder.
In 1946, the Lanham Act was enacted in the United States, updating the trademark law and serving as the primary federal law on trademarks.
In 1994, the Trademark Law Treaty was established to streamline procedures for member countries to recognize trademarks registered in other member countries under the World Intellectual Property Organization.
In 2000, in the case of Creative Gifts, Inc. v. UFO, the 10th Circuit affirmed the rights of the trademark owner regarding the domain name "Levitron.com", even though the goods sold there legitimately bore the trademark "Levitron" under an at-will license.
In 2001, the House of Lords issued a judgment in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21, which held that granting a bare license did not automatically mean that a trademark was liable to mislead.
In 2011, the US law case of Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011) was cited regarding US trademark law.
As per the Trademark Rules 2017 in India, an applicant needs to substantiate his claim that his trademark is having the "well-known" status. He needs to furnish the documents in support of evidence of his rights & claims, namely use of trademark, any application for trademark, and annual sales turnover, and so on.
In 2023, the Trademark Search system replaced the Trademark Electronic Search System (TESS) for searching the USPTO database of registered trademarks in the United States.
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