Trademark FAQs - related questions & answers

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.

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 kind of marks may not be registered?

Answer:
A person may not register a mark that is deceptive, immoral, or scandalous. Also, trademarks related to a belief, an individual, an institution or a national symbol are not permitted.
 

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