Trademark FAQs - related questions & answers

Question: What are common law rights?

Answer:
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use.

Question: What is a trademark?

Answer:
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured.

Question: Do you need to be a corporation to obtain a trademark?

Answer:
No. The trademark applicant is the one who owns the mark. Normally the person who produces the goods or who renders the services related to the mark controls the use of the mark.
 

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