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What are common law, state registered, and federally registered trademarks?
A common law trademark is a trademark that has not been registered with the state or the federal government. Common law rights arise upon use or recognition. Such trademarks are at a distinct disadvantage. See next question on this page: "What is the geographic scope of protection of a trademark?"
A state registered trademark is a trademark that has been registered at the state level.
A federally registered trademark has been registered with the federal government. To obtain a federal registration the applicant must use or intend to use the trademark in interstate commerce.
Updated: 11/12/99
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