So long as I don’t use someone else’s name or logo, I’m okay, right?
- Not necessarily so. There is a concept known as trade dress, which prevents a second comer (one who adopts the idea later in time) from using a product that looks similar to a trademarked (registered or not) product which might cause confusion in the minds of the consumer. This is a sticky legal question.
- Trademark owners have the right to exclude others from using the mark on a similar product or for a similar service. However, the owner cannot prevent anyone from making, using or selling the product itself as long as it can be done without the use of the trademark.
- Trademarks should be taken seriously, both for infringement avoidance purposes and for product protection. Often a trademark eventually becomes a company’s most valuable intellectual property right.
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