Acquiring Trademark Rights and Registrations

This Note discusses the acquisition of trademark rights and registrations in the US. It covers the legal framework for trademark protection, what a trademark protects, and the requirements for obtaining federal trademark protection under the Lanham Act. It also discusses the process for applying for, securing, and maintaining federal trademark registrations with the US Patent and Trademark Office (USPTO).

This Practice Note will be updated to reflect the USPTO rules amendments effective March 21, 2017. For details, see Updates, USPTO Publishes Final Rule Facilitating Verification of Certain Trademark Use Claims in Affidavits or Declarations and Trump Regulatory Freeze Stalls New USPTO Trademark Use Rule.

Michael J. Schwab, Esq., Abelman, Frayne & Schwab, with Practical Law Intellectual Property & Technology


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