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Trademark law protects brand names, logos, slogans, and other identifiers that distinguish goods and services in the marketplace. In Massachusetts, trademark rights are governed both by federal law, such as the Lanham Act, and by state law under the Massachusetts General Laws. Registering a trademark provides exclusive rights to use that mark for specific goods or services, protecting business identity and preventing confusion or misuse by others. Both small businesses and large corporations use trademarks to safeguard their reputation and brand equity in Massachusetts.
Trademark law can be complex, and several situations may require the help of a legal professional:
In Massachusetts, trademarks can be protected under both state and federal law. State registration is done through the Massachusetts Secretary of the Commonwealth. While federal registration with the United States Patent and Trademark Office (USPTO) offers broader protection, state registration can provide rights within Massachusetts, and may be more accessible or relevant for businesses primarily operating within the state.
Massachusetts General Laws Chapter 110H governs state trademark law. The law outlines the process for registration, duration and renewal of state trademarks, and remedies for infringement. Notably, infringement can result in legal actions, including injunctions and monetary damages. Massachusetts also recognizes common law trademark rights, meaning you gain some protection simply by using the mark in commerce, even if you have not registered it.
Business owners should also be aware of unfair competition and deceptive trade practices statutes in Massachusetts, as these can play a role in trademark disputes.
A trademark is any word, phrase, symbol, design, or combination that identifies and distinguishes the source of goods or services.
A state trademark registered in Massachusetts protects your mark only within the state's borders, while a federal trademark registered with the USPTO provides nationwide protection.
Registration is not mandatory, but it offers many benefits including stronger legal protection, public notice of ownership, and the ability to sue for infringement. Unregistered marks are still protected by common law rights in Massachusetts.
You can register a trademark in Massachusetts by filing an application with the Secretary of the Commonwealth, providing details about the mark and its use in commerce, and paying the filing fee.
A state trademark registration in Massachusetts is valid for ten years and can be renewed for subsequent ten-year periods.
You can use "TM" for goods or "SM" for services to indicate an unregistered trademark or service mark. The "R" symbol indicates a federally registered trademark and should only be used after successful federal registration.
You may send a cease and desist letter, negotiate a settlement, or pursue legal action for injunctions and damages. A trademark lawyer can advise on the best steps to protect your rights.
If you are accused of infringement, you should seek legal counsel immediately. A lawyer can review the claim, represent you in negotiations, and defend you in court if necessary.
Yes, trademarks can be licensed or sold (assigned) in Massachusetts. Proper legal documentation is important to ensure the transfer or license is valid and enforceable.
Federal registration takes precedence and offers broader rights, but state rights may still be significant, especially for local businesses. Legal strategy may involve both state and federal considerations.
Several organizations and government offices can assist with trademark matters in Massachusetts:
If you are considering trademark registration or facing a trademark dispute in Massachusetts, here are recommended steps:
