Bohan Mathers: Footenote 7, Trademark Rights Derive From Use Not From Registration

Remember that, even if a mark is not registrable in the U.S. Patent and Trademark Office -- e.g., because it is offensive or primarily a surname -- it may still serve as a trademark or service mark, and the courts may recognize established rights in such an unregistrable mark in disputes of ownership. Trademark rights come from use of the mark in the marketplace.