Trademark rights kick in when: A mark is first designed and committed to paper or otherwise fixed in a tangible medium. A mark is first used in commerce. A mark is registered with the PTO. None of the above

“Warehousing marks” is a process where: Trademarks are bought and sold, which is permissible because they are intellectual property which may be conveyed. Minimal use is made of a mark in order to prevent others from using it. A company’s marks are combined and either protected or not protected as a whole; either all the marks are valid, or none will receive protection under copyright law. Marks are used in commerce only on the distribution/wholesale level, rather than being used in retail sales with consumers.

Once someone makes bona fide use of a mark in commerce: She has the exclusive right to use that mark. Others might still be able to use the mark. She can begin to create a secondary meaning, which is required before rights in any mark can come about. The failure to use the mark on a “regular basis in the ordinary stream of commerce” for a period of 12 months will constitute abandonment and permit others to use the mark freely.

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