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Most people think trademark rights start with federal registration.
Do they?
In this episode of Seek ELLAvation®, we break down Chisena v. Major League Baseball Players Association, a Federal Circuit decision that clearly explains the power of common law trademark rights.
In this segment, we discuss:
• How common law trademark rights are established
• Why filing first does not guarantee ownership
• How earlier marketplace use can block federal registration
• The difference between common law protection and federal registration
• Why a clearance search is critical before you file or launch
This episode is essential listening for creators, athletes, founders, and business owners who assume registration is the starting point.
It’s not.
Clearance is the foundation.
Registration is the reinforcement.
🔔 Subscribe for ownership-level conversations on law, business, and legacy.
Connect with Seek ELLAvation® Facebook: https://www.facebook.com/SeekELLAvation/
LinkedIn: https://www.linkedin.com/in/ellakisha/
Instagram: https://www.instagram.com/empowerment_influencer/?igsh=Mm1kbTJyN2Fsc3Bh#
Website: www.seekellavation.com
Theme song @Reflections by Vonda Williamson
By Ellakisha O'Kelley5
33 ratings
Most people think trademark rights start with federal registration.
Do they?
In this episode of Seek ELLAvation®, we break down Chisena v. Major League Baseball Players Association, a Federal Circuit decision that clearly explains the power of common law trademark rights.
In this segment, we discuss:
• How common law trademark rights are established
• Why filing first does not guarantee ownership
• How earlier marketplace use can block federal registration
• The difference between common law protection and federal registration
• Why a clearance search is critical before you file or launch
This episode is essential listening for creators, athletes, founders, and business owners who assume registration is the starting point.
It’s not.
Clearance is the foundation.
Registration is the reinforcement.
🔔 Subscribe for ownership-level conversations on law, business, and legacy.
Connect with Seek ELLAvation® Facebook: https://www.facebook.com/SeekELLAvation/
LinkedIn: https://www.linkedin.com/in/ellakisha/
Instagram: https://www.instagram.com/empowerment_influencer/?igsh=Mm1kbTJyN2Fsc3Bh#
Website: www.seekellavation.com
Theme song @Reflections by Vonda Williamson