I hate to quibble, but it is not true that a registration is necessary to acquire enforceable trademark rights, only usage. Federal registration in particular provides certain preemptive rights and legally significant presumptions when enforcing the trademark, but common law trademarks can still be effective in practice in a wide variety of circumstances, and are enforceable under Section 43(a) of the Federal Lanham Act.
Kerry L. Konrad
<00358[_at_]stblaw.com>
Received on Tue Jul 21 1998 - 21:50:37 GMT
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