[E-trademarks] Primer on Maintenance, Dilution, Disparagement

[Edward Timberlake]

A super-easy primer* would be:

Disparagement is no longer a bar to federal registration in the U.S., so
who cares?

Dilution by blurring or tarnishment aren't quite as big a deal as they
might appear because neither is grounds for refusal at the ex parte level
and they seldom actually apply in the inter partes context (because
plaintiffs' marks typically aren't nearly as famous for dilution purposes
as they seem to think they are).

Maintenance (at the 5 year mark, and the 10 year mark, and the 20 year
mark, etc.) tends to be a good idea if it was worth seeking registration in
the first place, but like everything else with trademarks it's largely
case-by-case.



*Mandatory disclaimer that this is not actually legal advice


Sincerely,

Ed Timberlake
*Board Certified Specialist in Trademark Law
<https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*

*Timberlake Law* <http://timberlakelaw.com/>
Chapel Hill, NC

Schedule a call on Clarity <https://clarity.fm/edtimberlake>
ed at timberlakelaw.com
919.960.1950








On Fri, Jul 5, 2024 at 2:20 PM Shawn Shadow via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> Hi All,
>
>
>
> Can anyone point me to easy primers for non-lawyers on maintenance,
> dilution and disparagement? Please send privately.
>
>
>
> Thanks!
>
>
>
> Shawn
>
>
>
>
>
> *[image: cid3594913273*image002.png at 01D8DE32.5ADBE080]*
>
>
> *Shawn M. Shadow *CEO
>
>
>
> 810.357.1225
>
> www.1027tm.com
>
>
>
> *Let everyone else be normal. We'll be exceptional.*
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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