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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.
Contact Trademark Attorney Michelle DelMar for a free telephone consultation about your trademark questions.