729 effect of replacement on us registration 730 effect of cancellation or expiration of international registration 731 requirements for transformation of an extension of protection to the united states. United states trademark law is mainly governed by the lanham act common law trademark rights are acquired automatically when a business uses a name or logo in commerce and are enforceable in state courts. Under us supreme court precedent the fair use defense in trademark law is not precluded by the possibility of confusion however courts may consider the possibility of confusion in analyzing whether a use is fair or not 5. Definitiona trademark is any word name symbol or design or any combination thereof used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods see 15 usc 1127
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