However, before the music owner could bring suit, if the work were of U.S. origin, he or she would have to register the work with the Copyright Office. Once the work is registered, the owner is eligible to receive attorney's fees and statutory damages. These are important benefits because copyright suits are very expensive, and it is often difficult to show actual damages. Because the legal requirements are the same for both service and trademarks, they are collectively referred to as trademarks. Distinctive sounds, colors, scents and shapes may also be protected as trademarks.
Trademarks are descriptive, suggestive, arbitrary or fanciful, in ascending order.
The more distinctive the mark, the broader the scope of protection. The user or registrant is protected against subsequent use of identical or confusingly similar trademarks for related goods or services. The owner of the famous mark does not have to show likelihood of confusion, only that a third party tried to capitalize on the distinctive name. Home The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.