General Trademark Rights Attorney

In the United States, you establish your right to a trademark or service mark through use. In other words, when you use a trademark to designate your goods or services, you begin the process of establishing your right to the intellectual property that is represented by the trademark. You can enhance and expand your common law right to the trademark through registration with the United States Patent and Trademark Office.

Your common law trademark rights established through use only extend to the area in which you use the trademark to market your services or sell your products. Thus if you operate brick and mortar clothing stores in New York and New Jersey under your mark, you may not have any claim for infringement against another company who uses a very similar mark for clothing stores in Kansas. By contrast, owning a federally registered trademark affords you the presumption of the exclusive right to use the trademark nationwide. This exclusive right does not, however, extinguish prior existing local trademark rights.

Our NY TM Lawyer is well versed in the law and its applications

Like other forms of property, trademarks are subject to competing claims. Thus, if you begin to use a mark that is confusingly similar to a mark that is already being used by someone else for related goods or services, you may infringe on the prior user’s trademark rights. That is why it is critical to perform appropriate trademark searching before you begin to use or apply to register any new trademark.

*Past results do not guarantee a similar outcome