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Consider How Arguments to Protect a Trademark Will Impact Your Other Ones

Sometimes you should not push too hard to protect your trademark. Whether you are trying to overcome an argument by the Trademark Office that your mark cannot be registered, or are arguing against a competitor that two marks are dissimilar, remember that your argument could be used against you later by someone you believe is infringing on you. For example, if you argue that your distinctive mark can be registered despite there being enough similar third-party uses that create dilution in the field, know that someone else could use your exact dilution argument and gain registration despite you having priority. Consider all of the marks you may use and want to protect, and how one argument may impact your other trademarks and future rights before steaming forward with an application or argument for registration.

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Date

02.28.19

Type

Publications

Authors

Himmelrich, Ned T.

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