Trademark rights in the United States arise from actual use of a mark, not registration. The United States recognizes trademark rights for the first user of a trademark in connection with the goods and services with which it is used.(Hanover Star Milling Co v Metcalf, 240 US 403 (1916)). Unregistered marks are protected by both the common law of unfair competition and federal trademark law under the Lanham Act. Section 43(a) of the Lanham Act protects all qualifying unregistered trademarks (15 USC §1125(a)). To qualify for protection under the Lanham Act, the owner of an unregistered trademark must prove the existence of a protectable mark. In Two Pesos, Inc v Taco Cabana, Inc (505 US 763, 768 (1992)) the Supreme Court established that “the general principles qualifying a mark for registration under § 2 of the Lanham Act are for the most part applicable in determining whether an unregistered mark is entitled to protection under § 43(a)”. This protection provides unregistered trademark owners with federal causes of action of trademark infringement and dilution which are essentially the same for federal registrants.
The words Procurespective, and Procurspective, Are protected trademarks that we will vigorously defend.
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