The Redskins trademark was cancelled, now what? They will most likely continue to use it and continue to battle it out in the courts.
Though they have previously done this and had the ruling was overturned, the cancellation of their trademark as disparaging does not mean that they can no longer use it. What they do lose is their registration and the many benefits that come with having a federal trademark registration.
Many times clients ask “When can I use my trademark?” You do not need to apply for a trademark registration nor do you need to have a registration in order to use a trademark. Though it is not required for use, it is ALWAYS a good course of action to apply for a trademark or at least to conduct a search before investing in a mark that might be infringing another’s.
A trademark registration, along with use of your trademark as a trademark, gives you the right to exclude others from using similar trademarks. In the US you gain your rights by actual use in commerce, by building in the eyes of consumers the connection between you and the product or services you sell, by building the quality that your customers will know what they are getting when they see your trademark. It is the customers that the trademark law seeks to protect, so that customers know what to expect when they buy a product or service with your logo on it.
If you are concerned about protecting your trademark or ensuring that you are not infringing on another’s trademark, contact us at https://jhrlegal.com/find-us/ or (888) 666-0062 to see if we are a good fit for one another.