Tham khảo tài liệu 'comprehensive intellectual capital management phần 10', kỹ năng mềm, kỹ năng quản lý phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả | 272 APPENDIX B Lanham Act provides national protection compared to statewide protection under state law. Trademark law grants the owner the right to perpetually enjoin others in the market from using a similar mark that may confuse consumers as to association between the two similar marks. An application to register a word name symbol or device as a trademark should be filed at the PTO for examination. A device has been interpreted to include slogans colors product packaging or shape and trade dress. The Lanham Act also provides for intent-to-use applications which entitle the applicant to reserve a certain mark on the register provided use is established within two years of the application. In this way the . trademark law comes closer to the laws of most countries where registration not use establishes priority rights. A trademark whose validity has not been contested for five years achieves an incontestable status and is presumed valid. An application is examined to determine whether the mark is protectable under trademark law or not. Those marks that contain a generic name one that identifies the type of the product that are not inherently distinctive or have not acquired distinctiveness through use that are deceptively descriptive . Leather Comfort for vinyl products or that are confusingly similar to a registered mark are rejected. Even if registered such marks may be denied protection later or be afforded only limited protection by the courts. The Lanham Act also prohibits various practices under the doctrine of unfair competition which may result in injury to others business goodwill or trademarks. These include passing off false advertising commercial disparagement trademark dilution and cyber squatting. Passing off occurs when a false representation is made to directly or indirectly confuse the consumer as to the source or sponsorship of the good . an attempt to pass one s own goods off as those of the trademark owner . The false advertising cause
