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How to Gain Rights in a Trademark

How to Gain Rights in a Trademark

Explore how to gain rights in a trademark, including the use in commerce requirement for all trademarks, the spectrum of distinctiveness, and how descriptive marks can acquire secondary meaning and become protectable trademarks.

Transcript

This lesson will explore how to gain rights in a trademark. We will start by discussing the use in commerce requirement for all trademarks. We will then explore the spectrum of distinctiveness and explain how descriptive marks can acquire secondary meaning and become protectable trademarks.

I. Use in Commerce

In the United States, trademark rights are based on use in commerce. In order to gain rights in a trademark and register a trademark with the United States Patent & Trademark Office,...

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