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J. Nevin Shaffer, JR. J. Nevin Shaffer, JR.
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Should a trademark used on a product that is sold throughout the U.S. be registered?

I would say yes, a federal trademark covers all 50 states, territories and possessions of the United States, and so you qualify for interstate commerce with a mark that’s used in every state. It gives you the leverage to stop people from using the mark that is the same or confusingly similar to yours. McDonald’s is in every state in the country, and that would prevent anybody, even if your name is McDonald from opening a McDonald’s or McDougal’s, like coming to America.

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