Legal Question in Business Law in Oregon

Can I establish a common law trademark and eventually register a communication skills model I have been using in my training classes for many years? I am the author/creator.

Asked on 12/04/20, 11:25 am

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

There's a lot of risk in investing in a mark without federal registration. And anytime you consider use of a mark, even if that use is very local you need to conduct your due diligence on it. So I don't really see the utility in not just properly vetting the mark and filing an application with the USPTO.

If you need clarification on it, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

Kind regards,



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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 12/04/20, 12:14 pm

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