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Copyright 2009 Nancy J. Flint, Attorney At Law, P.A.  All rights reserved.  For legal information about this site, click hereNothing on this web site is legal advice to anyone, including you, and no attorney-client relationship is formed with anyone by virtue of the content on this Web site.
Contact me for a free consultation on how to avoid mistakes that could put your rights in your ideas and inventions at risk!

Like patents, trademark rights are territorial and must be obtained in the jurisdiction where they are to be enforced.  For example, U.S. trademark rights cannot be enforced in Colombia.  There are a few exceptions to this but these exceptions are not applicable in all countries. 

In most countries, a trademark MUST be registered in order to be enforced This is not the case in the United States, where enforceable trademark rights can be acquired simply by using the trademark.

There are a variety of legal actions that may be taken against someone using a confusingly similar mark as yours, including trademark infringement and unfair competition.  Many states also have deceptive and unfair tradepractices statutes which may be applicable. 

I have experience in assisting clients in registering their trademarks around the world, and in enforcing their trademark rights.  Contact me about selecting, registering and enforcing your trademark.