Trademark FAQs - related questions & answers

Question: What are common law rights?

Answer:
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use.

Question: How do I avoid expensive conflicts over trademarks on the Internet?

Answer:
Before a domain registration, be sure to do a Trademark Search, especially if it concerns fantasy names or a composite name derived from fantasy names.

Question: How are characters like a hypen treated in a tradmark?

Answer:
The pronunciation of the trademark is the most controlling factor. So whether or not similar marks have dashes separating elements of one or the other mark wouldn't make much difference in deciding.
 

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