![]() However, you don't need to take this action to file a lawsuit to protect your trademark against dilution or infringement. You can also register the mark with your state or the USPTO.You don't want to connect your products and services to a mark that is confusingly similar to an existing trademark. If you want to get the rights to a trademark through common law rights, then you should do conduct research to ensure your trademark is not similar to existing trademarks.You could also be held liable for trademark dilution or infringement. However, you should keep in mind that if your mark is similar to another registered mark, you won't be able to get rights to the mark. If your products or services are available over the internet, national trademark rights apply. Those rights can also be limited to the zone of natural expansion, which includes the areas where you have demonstrated an interest in expanding your use. The common law rights you acquire for a trademark are limited to the area where you have used the mark. The only exception to this rule is if the mark is similar to another registered mark. Common law rights are those that originate from use of the trademark, but they are not rights protected by federal statutes. When you use a trademark to sell a product or service, you will start to develop common law rights to the trademark. Reasons to Consider Using Trademark Registration A trademark needs to be used to offer goods or serves in more than one state for the trademark to be eligible for federal protection. ![]() However, the USPTO has a fairly liberal view of what qualifies as "scandalous" or "immoral."Īlso, the USPTO will not register a trademark used in only one state. The USPTO will refuse to register trademarks deemed as follows:
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