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What happens when trademark infringement occurs in the United States?

The U.S. Congress has also enacted some statutory regulations related to trademark registration and protection. They are the Federal (Trademark Law) in 1881 and the third federal "Trademark Law" promulgated by the U.S. Congress in 1905. The current laws for trademark registration and protection include the 1946 (Trademark Act) enacted by the U.S. Congress on January 5, 1946, commonly known as the (Lanham) Act. This law officially came into effect on July 5, 1947, and was modified by the Trademark Law Amendment Act of 1988, which took effect on November 16, 1989. In addition, relevant regulations also include the Implementing Rules of the Trademark Law on October 11, 1989, the Trademark Counterfeiting Regulations of 1984 that came into effect on October 12, 1984, as well as statutory regulations and trademark case practice rules related to unfair competition. , the Federal Trademark Dilution Act of 1995 that came into effect on January 16, 1996, and the Federal Law Part II No. 37 modified on the basis of the Trademark Case Practice Code of 1989.

The United States adopts the first-to-use trademark protection principle. Ownership of a trademark in the United States generally depends on use of the mark in the United States. Generally speaking, even if the first user has never registered its trademark in the United States or a later user has registered an identical or similar trademark first, the first person to actually use a trademark has better rights than the later user of the trademark. Of course, from the perspective of trademark protection, the registration of the user's trademark with the U.S. Patent and Trademark Office cannot be ignored.