More on "What is a Trademark?" and the Race to Register!
- RACE TO REGISTER. First come, first serve, is the policy with trademarks. Whoever registers or uses a mark in commerce first, has the exclusive rights to that mark for the purpose(s) or in the industry.
- Federal and State law govern trademarks.
- The laws derive from the principle that a merchant has an inherent right to the exclusive use of those marks which distinguish its goods or services.
- Registration provides the presumption that the owner of the registration has exclusive rights to use the mark in commerce for a particular purpose. Such a presumption is challenging and costly to overcome.
- In addition, trademark rights may also be registered based on "intent to use," if you intend to start using the mark in commerce after the Trademark Application is filed.
