How Rights in Marks Are Acquired: Federal Registration, State Registration, and Common Law Rights

In most countries, rights to trademarks arise through registration of the mark with some government agency. The law in the United States is very different in that rights to marks arise through use of the mark. There is no requirement that a person secure any government approval or registration for a mark to have rights to the mark and prevent the use of a confusingly similar mark. There is one exception to the rule that rights in marks stem from use: the intent-to-use trademark application. Since 1989, individuals and companies have been able to apply for federal registration of a mark based on their bona fide intent to use the mark in interstate ...

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