Once a trademark is successfully registered with the USPTO, certain statutory rights are created protecting the trademark owner. However, the general rule often referred to as "first-in-time"--The first person or entity to use a trademark in commerce receives common law protection for the use of that trademark. Thus, this "first person" can prevent others from using that same trademark...even if this "first person" never registered the mark. Therefore, conducting a Comprehensive Trademark Search is vital in helping you make the determination of whether to proceed forward with your trademark registration...even if the mark is NOT registered with the USPTO by another person or company.
Although the majority of trademarks in existence are not registered, owners of un-registered trademarks still have legal rights to the exclusive use of their trademarks.
Trademark rights exist on three levels: at common law, by state registration, and by federal registration.
Common law marks are marks protected because they have been adopted and used, and the public recognizes the products or services identified by the mark as coming from a particular source.
State registration systems exist throughout the country to allow the owners of common law marks to register them if they are used within a particular state.
As commerce between the various states evolved, the federal system of registration emerged to provide protection for marks in interstate commerce. Federal protection may be available for the name of your product and/or service, a logo or any other mark that identifies you as the source of a product or service. Common law and state registration rights will be enhanced by the benefits associated with federal registration.
Federal registration rights can be renewed and can last forever.
