Re: question
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Posted by M. Arthur Auslander on May 17, 1999 at 04:41:09:
In Reply to: question posted by Poulin on May 15, 1999 at 04:14:46:
: i need informations about the common law marks in USA.
A trademark or service mark identifies good or services. In the US they are acquired by use. The common law is the case law that interprets the law. The statutes set forth the law. Rights in trademarks exist under the common law. They also exist under statute. If a mark is used in "Commerce" it is entitled, if qualified, to a Federal Registration. The advantage of the Federal Registration is the national coverage and uniform interpretation by the courts. The is common law protection for trademarks, state statutory protection too. Now you need to clarify the need so that you can get an answer and not require a treatise.
M. Arthur Auslander
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Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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