Trademark Rights Based on Common Law or Federal Registration

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This article analyzes trademark rights depending on: (1) whether a user is relying on common-law rights or a federal trademark registration, (2) the effective date on which a user’s rights began, and (3) the geographical scope of the use. Before considering specific examples, two foundational concepts of trademark rights are first discussed: (a) intrastate versus interstate use of a trademark, and (b) the natural zone of expansion.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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