In the United States, trademark rights can be claimed by the first entity to use a trademark— such as a word, phrase, logo, or combination thereof—to sell a particular product or to offer a particular service within a particular geographic area.

A trademark owner does not have to register its trademark in order to claim trademark rights or to bring a civil action against another person who subsequently uses the same or similar trademark on the same or related product or service in a manner that is likely to cause confusion among consumers. See 15 U.S.C. Section 1125(a).

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