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How do rights in Marks arise?

One can obtain rights in a mark in any of several ways:

1. Obtain previously established rights in the mark by purchasing the mark and the goodwill it represents from the mark's rightful owner;

2. Obtain local, common law rights in the mark by being the first to continuously use the mark with particular goods or services in particular geographic region;

3. Obtain 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.

 
Michael Haynes PLC
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