Summary
Explaining common law trademark rights
You may have heard of common law marriage, but have you heard of common law trademarks?
Common law trademarks are trademarks that exist even if they are not officially registered with a trademark office. Trademark rights in the United States are created from using a mark in connection with specific goods and services, not necessarily from registering it.
This means that trademarks can exist even if not registered at the state or federal level, giving the owner “common law rights” in the trademark.
Without a registration, the common law trademark owner’s rights are limited to the area where it has used the trademark and, in some cases, its “zone of natural expansion.” However, common law trademarks can still have value, and they can prevent others from registering and using a confusingly similar mark.