Greenberg & Lieberman
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Trademark FAQs - related questions & answers

Question: What is a trademark?

Answer:
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured.


Question: Do I need a license to sample a track?

Answer:
Yes, you must obtain a clearance, or copyright license, for every sample that you use in your recordings. You can get a license from the copyright owner directly and negotiate a fee.

Question: How long is a trademark or service mark registration active?

Answer:
The registration is active for ten years. At the end of ten years, the mark may be renewed for another ten years. The mark may be renewed every ten years as long as the mark is in continual use.
 

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Daily Terms

Ordinary Skill in the Art

Definition:
That level of technical knowledge, experience, and expertise possessed by the run-of-the-mill or ordinary engineer, scientist, or designer in the technology that is relevant to the invention.

Fair Use

Definition:
A defense to a charge of copyright or trademark infringement.

Misappropriation

Definition:
A common law form of unfair competition in which an individual or firm copies or appropriates some creation of another that is not protected by patent, copyright, or trademark law, or any other traditional theory of exclusive rights.

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