Trademark FAQs - related questions & answers

Question: What are Trademark rights?

Answer:
Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

Question: What is a trademark?

Answer:
A trademark includes any word, name, symbol, device, logo or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods.

Question: What are common law rights?

Answer:
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use.
 

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