Prima facie means: “Original mark.” “On its face.” “The first meaning,” and refers to the most common meaning of a term used in a mark. “First to produce.”

In order to use the symbol � with a product, a mark owner must: Make consistent, bona fide use of a mark in commerce for a period of 5 years. Register the mark with the PTO. Also affix information as to the primary state of business for the mark owner. Do nothing other than affix the symbol.

Displaying the � (or certain other language) with a registered mark is a right, but failure to do so will: Potentially weaken the validity of the mark. Prevent a court from granting an injunction in cases of innocent infringement. Force the mark owner to establish priority before recovering damages from an infringer. Prevent a mark owner from recovering for lost profits from an infringer.

Mark owners can choose to: Place their mark on the principal register. Place their mark on the supplemental register. Not register their mark. All of the above.

Once registered, a mark is: Protected indefinitely. Protected so long as it is maintained. Protected for 10 years. Protected for an initial term of 50 years with an optional 25 year renewal term.

© 2006 - 2024 National Paralegal College