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	<title>Daniel S. Kirshner, Attorney at Law, LLC&#187;  : Daniel S. Kirshner, Attorney at Law, LLC</title>
	<link>http://kirshner.com</link>
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		<title>Do I REALLY need to hire an attorney to file an application to register my trademark with the United States Patent and Trademark Office?</title>
		<description><![CDATA[The simple answer is no, you are not required to hire an attorney to file an application to register a trademark with the USPTO. You are permitted to file an application yourself and the filing can be done electronically. There is no law which requires an applicant to hire a lawyer to represent the applicant [...]]]></description>
		<link>http://kirshner.com/2010/07/do-i-really-need-to-hire-an-attorney-to-file-an-application-to-register-my-trademark-with-the-united-states-patent-and-trademark-office/</link>
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		<title>Trademark Infringement/Likelihood of Confusion</title>
		<description><![CDATA[What constitutes trademark infringement? In other words, if a senior trademark user goes to court and sues another party for trademark infringement, what does the senior party need to prove? This is a complicated issue, but in general, the senior party would need to prove that there use of the allegedly infringing trademark is likely [...]]]></description>
		<link>http://kirshner.com/2010/07/trademark-infringementlikelihood-of-confusion/</link>
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		<title>Regarding Trademarks that are primarily geographically descriptive.</title>
		<description><![CDATA[Marks that are “primarily geographically descriptive” are marks that consist primarily of a generally known geographic place or location. These marks are considered to be descriptive and are not immediately eligible for trademark protection absent acquired distinctiveness through continuous and exclusive use of the mark in commerce. Marks that are primarily geographically descriptive, like other [...]]]></description>
		<link>http://kirshner.com/2010/06/regarding-trademarks-that-are-primarily-geographically-descriptive/</link>
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		<title>What is a descriptive trademark? If my trademark is descriptive, can I obtain a Federal Trademark Registration to protect it?</title>
		<description><![CDATA[A trademark is considered to be descriptive if it describes the product or service, or if it describes a characteristic, purpose, function, quality or use of the product or service. Under trademark law, a mark that is “merely descriptive” is not immediately eligible for trademark registration on the principal trademark register. (A mark that is [...]]]></description>
		<link>http://kirshner.com/2010/05/what-is-a-descriptive-trademark-if-my-trademark-is-descriptive-can-i-obtain-a-federal-trademark-registration-to-protect-it/</link>
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		<title>Someone else has registered a domain name that I believe infringes on my trademark rights? What can I do?</title>
		<description><![CDATA[If you have trademark rights in a mark, whether or not your trademark is registered, you have the right to file a complaint with the National Arbitration Forum. This is a complaint pursuant to the Uniform Name Dispute Resolution Policy (a UDRP complaint.) There are formal requirements for the UDRP complaint that must be followed [...]]]></description>
		<link>http://kirshner.com/2010/05/someone-else-has-registered-a-domain-name-that-i-believe-infringes-on-my-trademark-rights-what-can-i-do/</link>
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		<title>How can one lose rights to a trademark?</title>
		<description><![CDATA[One can lose rights to a trademark if a mark that was once distinctive becomes the common generic name for a product or service. This may occur when a trademark owner does not properly police the use of his or her mark. In one example, the word &#8220;escalator&#8221; was once a trademark for a brand [...]]]></description>
		<link>http://kirshner.com/2010/05/how-can-one-lose-rights-to-a-trademark/</link>
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		<title>Distinctiveness of Marks</title>
		<description><![CDATA[Under trademark law, a mark must be distinctive (i.e. capable of distinguishing the product or service from others.) Thus, trademarks are classified according to their level of distinctiveness and are afforded protection according to their classification.

Arbitrary or fanciful marks. The most distinctive marks are those which are arbitrary or fanciful. Arbitrary marks are those which [...]]]></description>
		<link>http://kirshner.com/2010/05/distinctiveness-of-marks/</link>
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