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Rights of a Trademark Owner
Owning a registered trademark means that the trademark is
registered throughout the United States.
If a restaurant in Dallas, Texas is called "Joe's Barbeque," but
the name is not registered, the rights of the restaurant owner are
limited. The restuarant owner might only be able stop other
restaurants in Dallas to be named "Joe's Barbeque." If a restaurant
opened in New York City called itself "Joe's Barbeque," the owner of
the Dallas restaurant may not be able to stop the New York
restaurant from using the name.
Common-law trademarks like "Joe's Barbeque" are limited in their
scope by industry and by geographic area! In order to obtain all the
rights of a registered trademark, the mark must be registered.
Registration allows the industry and the goods or services
branded by the mark to be defined by the trademark owner.
Registration of a mark used in interstate commerce allows its
geographic area to be in the United States, not just a specific
location.
Can I lose these rights??
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NEW! Read the Trademark, Copyright, and Entertainment Law Forum.
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Visit NYCcopyrights.com for details.
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