Showing posts with label differences between state and federal trademarks. Show all posts
Showing posts with label differences between state and federal trademarks. Show all posts

Wednesday, March 20, 2019

What Is the Difference Between a State and Federal Trademark?; New York Law Journal, Law.com, March 15, 2019

, New York Law Journal, Law.com;

What Is the Difference Between a State and Federal Trademark?

 

"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."