Index
Intellectual PropertyUnited States

The Lanham Act

Summary

The federal statute that provides for a national system of trademark registration and protects owners of federally registered marks against the use of similar marks if such use is likely to result in consumer confusion.

Rights & Rules

  • 01.
    Exclusive right to use the mark in commerce
  • 02.
    Right to prevent others from using a confusingly similar mark
  • 03.
    Right to use the ® symbol once registered

Penalties

  • 01.
    Recovery of defendant's profits
  • 02.
    Damages sustained by the plaintiff
  • 03.
    Destruction of infringing labels or packaging
  • 04.
    Treble damages for intentional use of a counterfeit mark

Verified Citations

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