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Enforcing Your Trademark Rights

How can you stop a competing business from using a trademark similar to yours? Your rights depend on whether you are properly using your trademark and whether the other company is using a trademark on competing goods or services, in the same part of the country, possibly causing consumers to be confused by the dual use of the trademark. Here is an explanation of when you can stop a trademark infringer and how.

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Can we use another company's corporate logo to advertise our training services?

I am the marketing manager for a technology training company. We specialize in training people in Java. Can we use the Java logo on direct mail pieces as long as we cite the TM and give credit to Sun Microsystems?

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distinctive mark

A trademark or service mark that is unusual in the context of its use, and therefore memorable. Distinctive marks typically consist of terms that are fanciful or arbitrary (Penguin books), suggestive (Accuride tires), or coined (Maalox antacid). Distinctive marks receive maximum judicial protection under state and federal laws.

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Patent, Copyright & Trademark: An Intellectual Property Desk Reference
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