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What is the geographic scope of protection of a trademark?
Common law trademarks, i.e., unregistered, exist in the area in which the mark is being used or is known. State registrations exist throughout the state. Federal registrations exist throughout the country. First in time is first in right. Thus, two or more users may all have the same rights in different locations if the first user did not promptly obtain a federal registration
Updated: 11/12/99
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