Where Do Trademark Rights Come From? 


Trademark rights in the United States are not “rights in gross.”

Just because you registered your mark for specific goods and services doesn’t mean that you can prevent another from using the same or similar mark for unrelated goods or services.  Only if the second adopter’s use creates a likelihood of confusion (the test for trademark infringement in the United States and throughout the world) with your use, may you prevent the second adopter’s use.  But please note, that in order to stop such use, you may have to file a trademark infringement lawsuit.

Common Law or Unregistered Trademark Rights

In the United States, Common Law Trademark Rights or unregistered trademarks come from adopting and using the mark for certain goods and/or services.  In other words, you must always “use” the mark to acquire trademark rights in the United States.  Merely adopting or thinking up a mark without actual use does not grant you protectable and enforceable trademark rights.

U.S. Registration – What Are The Benefits of Federal Trademark Registration?

Federal or USPTO Registration – Once a trademark is cleared for adoption and use, we strongly recommend that TrademarkAuthority register the mark with the United States Patent & Trademark Office (“USPTO”).

USPTO Federal registration provides several significant benefits, including:

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TrademarkAuthority is a service exclusively licensed to Pearl Cohen Zedek Latzer Baratz LLP ("Pearl Cohen"), an intellectual property law firm located in New York, NY, that provides personal and expert trademark and copyright legal services covering the U.S., Europe, Canada, Australia, Mexico, Japan, China and many other countries throughout the world. This Web site may be considered Attorney Advertising. The information provided on this site is not legal advice, but general information on legal issues relating to trademark searching and registration. Prior results do not guarantee a similar outcome.

TrademarkAuthority was founded by an expert trademark attorney and former U.S. Trademark Office Examining Attorney who has over twenty-two years experience representing clients on a variety of trademark and copyright law issues. Our legal services include trademark searching, filing trademark applications, responding to USPTO Office Actions, filing Statements of Use, representing clients before the U.S. Trademark Office, Federal and State courts, maintaining trademark registrations, monitoring, policing and enforcing trademark rights and filing copyright registrations.