The Protection of Trademarks 1946
Congress passed the Lanham Act, 15 U.S.C. 1051 et seq., in 1946. The Act establishes a national trademark registration system and protects the owner of a federally registered mark from the use of similar marks if the use is likely to cause consumer confusion or dilution of a well-known mark.
Eligibility for a Trademark
A trademark must meet two basic characteristics to be eligible for protection: it must be in use in commerce and it must be unique.