Trademark FAQs - related questions & answers

Question: What are common law rights?

Answer:
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use.

Question: Who may file an application?

Answer:
Only the owner of the trademark may file an application for its registration. An application filed by a person who is not the owner of the mark will be declared void.

Question: What is a certification mark?

Answer:
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin.
 

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