What is the law on the registration of trademarks?

In Delaware, trademarks are protected by both federal and state law. To ensure a business is legally protected, trademark registration is recommended. In Delaware, a trademark registration must meet certain requirements before it is considered valid. Firstly, the trademark must be visually distinguishable from other registered marks. Secondly, the trademark must be distinctive. This means it must be capable of identifying and distinguishing the goods and services of a particular business. Trademark registration is important because it gives businesses exclusive rights in using their trademarks. It also gives the business the right to sue in the event of trademark infringement. Furthermore, a registered trademark symbol, such as the ® symbol, can be used to alert competitors that the trademark is legally protected, which can discourage potential copycats. When filing a trademark in Delaware, a business owner must provide information about the business and the goods or services it offers. Additionally, they must submit a completed application, specimen of the mark, and a fee. Once the application is approved by the state, the trademark will be registered for a period of five years and can be renewed every five years after that. Overall, registering a trademark is highly recommended to secure a business’s legal rights in Delaware. A registered trademark grants exclusive rights, including the right to sue for damages, which can be invaluable for businesses.

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