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How do I go about establishing a trademark?

Updated: 9/10/2019
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15y ago

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a trademark may be established through actual use in the marketplace, or through registration of the mark with the trademarks office of a particular jurisdiction, e.g., the U.S. Patent and Trademark Office

In many jurisdictions, trademark rights can be established through either or both means. Certain jurisdictions generally do not recognize trademarks rights arising through use. If trademark owners do not hold registrations for their marks in such jurisdictions, the extent to which they will be able to enforce their rights through trademark infringement proceedings will therefore be limited.

A registered trademark confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services for which it is registered. The law in most jurisdictions also allows the owner of a registered trademark to prevent unauthorized use of the mark in relation to products or services which are identical or "colourfully" similar to the "regi

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