A trademark is any word, name, symbol, or device adopted or used by a person to identify the goods made or sold by that person and to distinguish them from goods made or sold by others. Registration of a trademark provides the registered user with exclusive use of that trademark and protects against infringements upon the user’s rights. A trademark may be registered with:
1) the U.S. Trademark and Patent Office, for the broadest protection;
2) the Washington Secretary of State’s Office, for a trademark used exclusively within the state or region; or
3) both the federal office and the state office.
RCW 19.77 sets out Washington’s trademark registration law. Washington’s law is modeled after the Model State Trademark Bill (MSTB). Versions of the MSTB form the foundation of state trademark law in 46 states. Over the years, Washington’s law has been amended several times in light of MSTB revisions.
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