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Articles Posted in Common Law Rights & Priority

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What Constitutes Use In Commerce For A Service Mark?

The Trademark Trial and Appeal Board (TTAB) recently answered this question on January 2, 2014, in the case of Blast Blow Dry Bar LLC v. Blown away LLC d/b/a Blast Blow Dry Bar, Opposition No. 91204769 (January 2, 2014). The applicant is a hair salon located in Minnesota marketing its…

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Trademark Common Law Rights Can Prevail Based On Priority Against Registered Rights

To receive the broadest type of trademark protection, we recommend registration with the United States Patent and Trademark Office.  However, in the United States, if you have not registered your trademark rights, but you can prove trademark use in commerce, you will build common law (unregistered rights) rights. Common law…

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