Trademark Talk with Erin Ep. 6: How do I Protect my Trademark?
Episode 6 of “Trademark Talk with Erin” is out! Episode 6 discusses how a party would protect their trademark. In this week’s blog post, we are going to briefly explain the differences between common law protection and protection under a federal registration.
Common Law Rights
Generally, a trademark qualifies for common law protection when it is used in commerce. Generally, it does not need to be registered with the state before receiving common law protection. However, registering the mark with the state may be beneficial at times. For example, registering the mark with the state may provide notice to others in that state that you are using that mark. However, protection may be limited to that geographic location.
Federal registration of a trademark provides a wider coverage of protection. Unlike common law rights, federal trademark protection generally provides protection throughout the United States. However, you must file to register your trademark with the United States Patent and Trademark Office before there is any chance that your trademark will receive federal trademark protection. Additionally, there are several requirements that may need to be met before your trademark is granted protection under federal law.
Trademark Attorneys Can Guide You Through the Process
As stated above, there are several requirements when applying for a federal registration for your trademark. A trademark attorney is familiar with the process of applying for a federal registration for your trademark. Thus, it is extremely beneficial to have a trademark attorney assist you in filing an application for a federal registration for your trademarks.
What are your thoughts on common law rights and protection under federal law for trademarks? Leave a comment below to let us know what you think!
Watch Episode 6 of Trademark Talk with Erin right here!
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Disclaimer: This article is not legal advice. It is only for educational or entertainment purposes only. Please do not use the article or contents of the article without permission. For legal advice and questions, please contact registered Patent Attorney Vincent LoTempio.