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Obtaining Trademark Protection

November 20, 2018 | by | Trademark Law

Trademark rights begin as soon as a mark is used. This protection is generally limited to the geographic area in which the actual use is taking place. To obtain protection throughout the United States, a trademark must be federally registered with the U.S. patent and trademark office. This requires use of the mark in commerce which may be regulated by congress, generally comprising interstate and international commerce. An applicant may file an intent to use application prior to such use in commerce if he or she has a bona fide intent to use the mark in trade and commerce in the future.