United States law has protected trademarks under state common law since colonial times, but it was not until 1870 that Congress first attempted to establish a federal trademark regime. This 1870 statute was purported to

Trademark law protects a company's goodwill, and helps consumers easily identify the source of the things they purchase.
In principle, trademark

Trademark rights are acquired through use of a mark in the normal course of commerce. For example, by using a brand name or logo on a product

Trademark infringement is measured by the so-called "likelihood of confusion" test. A new trademark will infringe on an existing one if the new one is so similar to the original that consumers are likely to confuse the two marks, and mistakenly purchase from the wrong

U.S. Trademark rights come in two types: common law and federal registration.
™ – Signifies common law trademark rights. Businesses

Once acquired, trademark rights may be registered with the USPTO. "The Lanham Act gives a seller or producer the exclusive right to "register" a trademark, 15 U.S.C. § 1052, and to prevent his or her competitors from using that trademark, § 1114(1)."

Consistent with the limited nature of trademark protection and the free speech guarantees of the First Amendment, U.S. law provides for a