Protection Mechanisms in the United States.
After selecting your mark, the next step is to decide how to protect it. In the United States, there are three basic types of trademark protection: (1) common-law, (2) state registration, and (3) federal registration. Federal registration is the strongest and is best if your mark is valuable to your business. All forms of protection in the U.S. require actual use of the trademark in commerce.
Common-Law Protection.
In the United States, common-law protection is obtained simply by using a mark in commerce. The rights conferred under common-law are coextensive with (a) the geographical area in which the mark is used, (b) the goods/services with which the mark is used, plus (c) the mark’s natural zone of expansion. The geographical area may be small, e.g., a town or part of a town, or large, e.g., the entire United States. Similarly, the goods or services may be limited to one or include dozens.
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