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Trademark law governs the use of a device (including a word, phrase, symbol, product shape, or logo) by a manufacturer or merchant to identify its goods and to distinguish those goods from those made or sold by another. Service marks, which are used on services rather than goods, are also governed by 'Trademark law.
The trademark statute (Section 45, 15 U.S.C, §1127) defines Abandonment in part as: "When its use has been discontinued with intent not to resume such use. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment.
A common law trademark is a trademark established solely through use in commerce in a specific geographical area. Business names, logos, and phrases that are regularly used?even though they have never been federally registered?can all be considered common law trademarks.
Common law trademarks are free and do not require any paperwork or forms. There is no way to register a name trademark for free because you will always have to pay at least a small fee that covers the costs of examining and processing your trademark application. There is no way to get a federal trademark for free.
The Common Law of Alabama states that once you adopt and use a mark and are documented as the first to use such mark, you are entitled to exclusive rights to that mark. Any conflict of ownership is handled outside the Secretary of State's Office and is an issue for the courts.