Capturing Trademark Rights - Explained
How to Secure Trademark Rights
Written by Jason Gordon
Updated at April 8th, 2023
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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.
Next Article: Distinctiveness Requirement for Trademark Back to: INTELLECTUAL PROPERTY LAW
Discussion Question
Why do you think state law and federal law provide for trademark protections? Can you think of any initial benefits from securing trademark protection under state and federal law?
Practice Question
What are the two types of trademark protection that may exist at the state or federal level? What are the common elements between these methods of protection?
Related Topics
- Intellectual Property Law (Intro)
- What is Intellectual Property?
- What is the purpose in granting intellectual property rights?
- What is required to capture or secure intellectual property rights?
- California Labor Code 2870
- What are Trade Secrets?
- Non-Disclosure Agreement
- Patents or patent rights?
- Letters Patent
- Primary types of patents?
- What Can I Patent?
- Requirements for a valid patent?
- Can your Invention be Patented?
- What is a Patentability Search?
- When is a Patentability Search Necessary?
- Why is a Patent Search Important?
- Requirements for a design patent?
- How to Do a Design Patent Search
- Cost of a Design Patent
- Requirements for a utility patent?
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- Plant Patent?
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- Patent Search
- Basics of Doing a Patent Search
- 5 Rules for Effective Patent Searches
- What are Patent Databases?
- Tools for Patent Searches
- DIY Patent Search
- Understanding Patent Keyword Searches
- Patent Searches for Software
- Doing a European Patent Search
- WIPO Patent Search
- Cost of Doing a Patent Search
- Patent Search vs Patent Analysis
- Structure of a Patent
- Patent Filing Date
- Patent Attorney
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- Applying for Design patent
- Provisional Patent?
- Applying for Provisional Patent
- Doing a Provisional Patent Search
- How to Draw Up a Provisional Patent
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- What Does Patent Pending Mean?
- Process for enforcing ones patent rights?
- Patent Infringement
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- What is a Trademark?
- Types of trademark?
- Requirements to capture trademark rights?
- Distinctiveness requirement for a Trademark?
- Determining whether a trademark is sufficient distinctive?
- What is Federal Trademark Registration?
- Conducting Trademark Search
- Should I Conduct a Trademark Search?
- Trademark Application
- Drawing a Trademark
- Filing for federal trademark registration?
- Protections of trademark rights under state law?
- Primary reasons for rejecting a trademark application?
- Common trademark designations?
- Trademark infringement?
- Enforce trademark rights?
- Demonstrate infringement of a trademark?
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What is a copyright?
- Digital Millennium Copyright Act or DMCA Explained
- Basics of Copyright Law
- What are the rights of a holder of a copyright?
- What are the elements of a copyright?
- How long is the period of copyright protection?
- What is the process for registering a copyright?
- Who may claim and secure copyright protection?
- What are infringement and the process for enforcing a copyright?
- What are the defenses available against a claim of copyright infringement?
- Public Domain Works
- Licensing Agreement
- End User License Agreement
- What is Fair Use of copyright?
- What is the First Sale Doctrine?
- What international protections exist for intellectual property rights?
- Paris Convention
