United States Trademark Law
Trademarks were traditionally protected in the United States only under State common law, growing out of the tort of unfair competition. As early as 1791, Thomas Jefferson proposed that the marks of sailcloth makers could be protected under the Commerce Clause, but it was not until 1870 that Congress first attempted to establish a federal regime for the protection of trademarks. This statute, purported to be an exercise of the Copyright Clause powers, was struck down in the Trade-Mark Cases, leading Congress to finally create a successful act under its Commerce Clause power in 1881.
A major revision was enacted in 1905, and in 1946, Congress passed the Lanham Act (15 U.S.C. §§ 1051–1127), which currently defines federal protection and registration for trademarks, and grants administrative authority to the United States Patent and Trademark Office ("USPTO"). State law continues to add its own protection, complementing the federal system.
Read more about United States Trademark Law: Obtaining A Trademark, Registered Marks Versus Common Law Marks, Differences From Related Laws
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