Does common law trademark protection exist?
Yes, common law trademark protection does exist in Washington. In Washington, common law trademark protection is a form of protection that does not require registration with the United States Patent and Trademark Office (USPTO). Instead, it is a form of trademark protection under state law, calling upon courts to protect a trademark that is not registered with the USPTO. Common law trademark protection relies on the fact that certain marks are famous enough that they are considered widely recognizable symbols. The symbol, phrase, or design must be well known enough to be associated with the brand in order to be protected. This is why it is important to use trademarks to protect your brand identity and make sure it is not used by other companies without your permission. Common law trademark protection in Washington means that if someone infringes upon your trademark or uses it in a way that could confuse customers, that person can be held legally responsible for damages incurred due to the infringement. Another benefit of common law trademark protection is that it can serve as a deterrent to potential infringers, as they may be hesitant to use a trademark if its owner is already established. Common law trademark protection also helps businesses build an identity for their products and services and prevents others from taking advantage of the reputation you have built.
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