What Is the Difference Between a State and Federal Trademark?; New York Law Journal, Law.com, March 15, 2019
Biana Borukhovich, New York Law Journal, Law.com;
"Once a person or business starts using a mark in commerce, they
technically have what is called a common law trademark; the protection
afforded to this right is extremely limited. Hence, a common law
trademark is only enforceable in the geographic area where the mark is
used. In most instances, it is hard to enforce common law rights because
it is hard to show when use of the mark began. Therefore, it is
important for owners of marks to understand the importance of obtaining
registered trademark(s) for their brand(s). They must decide whether
they need to obtain a state or federal trademark registration. In this
article, I will discuss the difference between these two and what can
happen if a trademark registration is not obtained."
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