July 01, 2014

Trademarks: A Few Things Every Business Lawyer Should Know

Andrew Stockment

Brand names and logos are often among the most valuable assets a company owns because they allow the business to develop brand reputation and goodwill associated with its products or services. Trademark rights are created through use, not registration, and such use establishes a business’s common law rights in the mark. Those common law rights protect the owner’s use of the mark in the geographic area where it is used and for those goods and services associated with the mark. Such unregistered marks are also protected under some state statutes and under the federal Lanham Act (15 U.S.C. §§ 1051 et seq.).

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