Trademarks protected under state law can be enforced in federal court
Roger Schecter and John Thomas, 2021 – *professor of law at George Washington University and **professor of law at Georgetown Principles of Trademark Law, p. 17-18 //DH
The United States has a "dual" system of trademark law. A firm can secure trademark protection under state law, usually under state common law but possibly under a state statute as well. It can also seek federal rights, under the federal trademark statute known as the Lanham Act. The two are theoretically independent of each other, though as we shall see there is much interdependence between the two systems as a matter of practice. A mark can be valid and protectable under state common law even though the owner has not taken any steps to secure federal rights. Conversely, a mark might be protected under federal law even though state common law rights have not accrued, though this would be a relatively rare situation. Most marks are protected simultaneously under both schemes. Moreover, to make matters a bit messier, trademarks protected only under state law may nonetheless be enforced in an action in federal court under the Lanham Act. We will untangle all of this is due course.