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Trademark FAQs - related questions & answers
Question: Which is the best to a trademark, a service mark or an intent to use the service mark and/or the trademark?
Answer: You can file them all at the same time. There's no order requirement or advantage.
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: What is a common law search? How can I do one?
Answer:A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers.
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