One can obtain rights in a mark by obtaining:
- previously established rights in the mark, such as by purchasing the mark and the goodwill it represents from the mark's rightful owner;
- local, common law rights in the mark by being the first to continuously use the mark with particular goods or services in a particular geographic region;
- statewide, statutory rights in the mark by being the first to continuously use the mark with particular goods or services in a particular state AND registering the mark with that state; and/or
- national, federal rights in the mark by being the first to continuously use the mark in association with particular goods and/or services in interstate commerce AND registering the mark for the appropriate class of goods and/or services with the U.S. Patent and Trademark Office.