Frequently Asked Questions

A common law trademark is a type of trademark protection that arises automatically through the actual use of a mark in commerce, without the need for formal registration.

This means that as soon as a business uses a distinctive mark in connection with its goods or services, it gains certain rights to that mark within the geographic area where it is used.

These rights, though limited compared to those obtained through federal or state registration, allow the owner to prevent others in the same region from using a confusingly similar mark.

Common law trademarks are based on the principle of "first use," meaning that the first person or business to use the mark in commerce has priority over others.

While common law trademarks provide some level of protection, they do not offer the broader, more robust protection that comes with registering a trademark, which includes nationwide rights and easier enforcement in legal disputes.