Capturing Trademark Rights - Explained
How to Secure Trademark Rights
Written by J. Mance Gordon
Updated at April 20th, 2024
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What is required to secure trademark protection?
Trademark law requires that a mark be used in commerce and distinctive from other marks. If a mark is used in commerce and sufficiently distinctive, there are two primary methods of securing trademark protection. The first method is state-law protection. State-law protection may include both statutory protection and common-law protection of the trademark rights within a particular states borders. The trademark is subject to protection if it meets all of the qualifications for protection and is used to identify a good or service sold within the state. The second method is federal protection resulting from registering the mark with the US Patent and Trademark Office and using the mark in interstate commerce. Each of these requirements and methods of establishing trademark rights is discussed separately.
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