EducationTrademark Law
A SelectSmart.com Flowchart by startrekbonnie
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Show how trademarks can be analyzed under the law

                 
Is there a registered or unregistered trademark?
YES
Is there a state anti-dilution law?
NO
Federal Law applies
Is junior mark similar to senior mark?
YES
Is there likelihood of confusion

NO


YES




NO

NO

YES
No further action
Apply state law
 
There is no infringment
Infringement if no defenses present









 
 
Is there dilution?
NO
Is there a parody?
YES
Is the mark famous?









 
Has dilution by blurring or tarnishment occurred?
NO
Is the mark famous?
YES
Is there a likelihood of harm?
YES
Liability for junior mark holder


NO


YES





No liability
 
Liability for junior mark holder