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Frequently Asked Questions

Are trademarks always protected by law?

Trademarks are protected by law, but the extent of protection depends on whether the trademark is registered or unregistered.

Registered trademarks receive robust legal protection under federal law, offering the exclusive right to use the mark nationwide in connection with the specified goods or services.

This protection includes the ability to sue for trademark infringement in federal court and to potentially recover damages.

Unregistered trademarks, also known as common law trademarks, are protected by state law and provide more limited rights, usually restricted to the geographic area where the mark is used.

While common law protection can still offer some recourse against infringement, it is generally less comprehensive than the protection afforded to registered trademarks.

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