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Boyd, Cooper & Associates Defeat University of Michigan in Trademark Dispute

June 12, 2018

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A trademark clearance search is an integral step in the trademark selection process that enables the trademark attorney to evaluate the availability and registrability of a proposed mark. The clearance search is an essential tool, because in the United States, trademark rights are acquired on a first to use basis. This means that an individual or an organization acquires trademark rights by being the first in a given market to use the mark. Once those rights have been acquired, the trademark owner, “senior user,” has the right to prevent a subsequent or “junior user” from using confusingly similar marks in any manner that is likely to cause confusion a...

Your company’s trademark(s) are extremely valuable assets. Therefore, proper use and policing of your mark(s) are essential to protecting what may be your company’s most valuable asset – its good name. Trademark rights are acquired by actual use. Once you have established trademark rights, the rights can last indefinitely. However, it is important to note, failure to prevent others from infringing on or misusing or your mark, may result in a loss of trademark rights. The following guidelines for proper trademark use apply to advertising and promotional material, packaging, displays, label, signs, correspondence, websites, and any other media used to pr...