st to invent is entitled to a patent, but Alces and See say that "delay in filing a patent after reduction to practice creates a presumption of abandonment."
The patent owner for the life of the patent has a right to bring an action in federal district court against an infringer of his patent. Remedies include damages and injunctive relief.
2. Trademarks and Tradenames. According to Foster and Shook, "a trademark constitutes a symbol by which the source of goods is identified." Trademarks can be registered at the PTO under the federal Lanham Act, 15 U.S.C. 1051-1127 (1988) and under state law, but state registration offers protection only within a narrow geographical area. Common law remedies may also be available for unregistered trademarks under state law. Federal trademarks are issued to the first user to register. The basic rule is that the mark must be distinctive and have a secondary meaning. According to Foster and Shook, "there can be no trademark rights for a common descriptive name -generic name- of a product."
Trademarks can be abandoned through non-use or failure to police the marketplace--i.e object to the use of competing marks. The term of a federal registered trademark is 10 years, subject to renewal. Infringement actions on federal marks lie in federal court. Foster and Shook name the following test of infringement:
Is an ordinary citizen who sees the use of one trademark on one company's goods or service, and then sees a second trademark used on another company's goods and services, likely to believe that these two sets of goods or services come from the same company or from a company sponsored or approved by the other company?
Remedies available to the trademark owner include damages, injunctive relief and seizure. Treble damages can be awarded for willful infringement under 15 U.S.C. 1117. Imported goods which infringe domestic marks can be seized by customs under 19 C.F.R. 133.0 et seq. The ...