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United States trademark law is mainly governed by the Lanham Act. ?Common law? trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts.
Trademarks are protected under both federal and state law. You do not have to register a trademark to have it protected, although there are advantages to doing so (e.g., exclusive nationwide ownership of a mark).
A trademark lawsuit begins when the trademark owner files a complaint with a court alleging trademark infringement. Among other things, the complaint names the parties involved and sets forth the allegations that form the basis of the lawsuit.
A trademark can (theoretically) last forever, as long as the mark continues to be used in conjunction with the sale of a good/service in interstate commerce. But if a trademark holder no longer uses the trademark, or fails to enforce his/her trademark rights, he may lose his trademark rights.
Your trademark is your brand, your reputation, and a beacon for your customers in a crowded marketplace. If you discover that another company or person is infringing on your trademark, you can and should take action to enforce your rights.
When you own a trademark, you can enforce your rights if the trademark is being used in association with products or services that compete with yours, consumers are likely to be confused as to the source of the products or services by a competitor's use of the trademark, the infringing trademark is being used in the ...
Trademarks are governed by both state and federal law. Originally, state common law provided the main source of protection for trademarks. However, in the late 1800s, the U.S. Congress enacted the first federal trademark law.
The most common penalty for trademark infringement is an injunction or a cease and desist letter directing the infringer to stop using the trademarked material. It's also possible for criminal or civil penalties to result from an intentional violation of trademark law, although this is rare.