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It's a bit more complicated than that. For trademark law, U.S. law is a hybrid. Federal law is always codified in a set of statutes, which makes it a bit like a civil law jurisdiction, except that higher court decisions are binding on trial courts. State law is often codified, but sometimes it is based on a common law history of judicial decisions.

The particular complexity for U.S. trademark law arises because the federal law did not completely preempt state laws. Federal law applies generally to marks registered with the federal government through the trademark office, but there can also be rights based on state law.




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