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Expert Analysis

Why Early Registration Of Your Trademark Matters

Law360, New York (August 20, 2015, 10:19 AM EDT) -- Few commercial rights are as valuable, or as recognized, as a trademark. In the United States, trademark rights arise under the "common law" when a mark is used in commerce, even without registration with the U.S. Patent and Trademark Office. These common law rights, however, are potentially limited, often extending only as far as the territorial boundary in which the trademark has been used. For example, a company that used its trademark only in Hawaii, would have a hard time establishing common law rights to that mark in Nebraska....

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