- Common law trademarks
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 interstate commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.
© 1999- 2019 Smith and Hopen, P.A.
SMITH & HOPEN® and logo are federally registered trademarks.