Which legal protections are trademarks covered by?

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Trademarks are protected by both common law and federal registrations, making the first choice the most accurate. Common law protections arise automatically when a trademark is used in commerce, granting the owner certain rights based on the use of the mark in a specific geographic area. This means that even without formal registration, a business can establish rights to a trademark simply by using it in connection with their goods or services, as long as it is distinguishable and non-generic.

Federal registration, on the other hand, provides a stronger and more extensive level of protection under the Lanham Act. When a trademark is registered with the United States Patent and Trademark Office (USPTO), the owner gains nationwide notice and rights to the mark, which can deter others from using a similar mark and helps in enforcing their rights more effectively in legal disputes.

The other options, while they may include elements of trademark law, do not fully capture the comprehensive legal framework that includes both common law and federal registration protections. State registrations and international treaties are relevant in specific contexts but do not cover the full scope of trademark protections in the same way that the combination of common law and federal registrations does.

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