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Originally Posted by JMM
You need to go back to law school.
The trademark doesn't have to be registered for the owner to have protection.
The registration offers additional benefits and the right to additional penalties, however, there is still some protection even before the registration is in effect.
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I spoke to a lawyer a few weeks ago and this is exactly what he told me.
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You do not have to register a trademark to use one or have legal claims (called common law rights),....
.....Common law rights arise from actual use of a mark. Generally, the first person to either use a mark in commerce or file an intent-to-use application with the USPTO has the ultimate right to the use and registration of a mark.
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