What can Mary do after being denied federal protection for her product name?

After being denied federal protection for her product name, Mary can seek trademark protection under state law. State trademark laws can often provide a level of protection for a trademark that is not available at the federal level, especially if the federal application was denied for reasons such as lack of distinctiveness or confusion with existing trademarks.

Utilizing state law allows Mary to potentially establish rights based on her use of the name within her particular state or region, which can help to prevent others from using a similar name that may create consumer confusion. This localized protection can be quite beneficial, especially for small businesses or those that operate primarily within one state.

Other options, such as seeking protection under trade name law or copyrighting her name, may not be as applicable. Trade name laws generally protect a business's name as it relates to the branding and identity of the business itself, rather than specific products or services, which could limit the scope of protection Mary seeks. Copyright law does not apply to names, titles, or short phrases, meaning that copyrighting her name is not a valid option for protecting a product name. By focusing on state trademark law, Mary is tapping into a viable route for defending her product's identity.