What is a common law trademark?

A common law trademark is a type of trademark that is acquired through use, rather than through registration with the government. In other words, a common law trademark is established through actual use of the mark in commerce, rather than through formal registration.

Common law trademarks are recognized in many countries, including the United States, where they are governed by state law. To establish a common law trademark, a company must use the mark in connection with the sale of goods or services, and must be the first to use the mark in a particular geographic area. The company must also establish that the mark has acquired secondary meaning, meaning that consumers associate the mark with the company’s goods or services.

Although common law trademarks do not provide the same level of protection as registered trademarks, they can still be valuable assets for a company. Common law trademarks can provide the company with exclusive rights to use the mark within a particular geographic area, and can serve as a deterrent to others who may seek to use the same or similar marks.In conclusion, a common law trademark is a type of trademark that is established through use, rather than through registration with the government. Common law trademarks can provide a company with exclusive rights to use the mark within a particular geographic area, and can be a valuable asset for the company.