The courts can declare a trademark invalid even if the U.S.Patent and Trademark Office has accepted registration.

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A court can declare a mark invalid even if the Patent and Trademark Office (PTO) accepted registration. To win a trademark infringement lawsuit, a defendant will usually present one of three basic defenses: (1) the mark is not distinctive, (2) there is little chance of the public's being confused by use of a term trademarked by someone else, or (3) the use is a "fair use."

The Courts Can Declare a Trademark Invalid Even If the U.S.Patent