You can promote your common law trademark using the ¢ symbol. Place the icon next to your trademark to inform your competitors of the brand`s status. This symbol could be enough to make imitators think. Trademarks also have several other advantages over common law marks. While there are many advantages to registering a federal trademark, it does not give priority to common law trademark owners. In one well-documented case, the national fast food chain Burger King was unable to open a Burger King outlet within 20 miles of Matoon, Illinois, because a small burger restaurant called Burger King already had a common law trademark there. If a competitor starts using your trademark, you must send a cease and desist letter. If that fails, talk to a trademark attorney to file an infringement action. Common law marks are incorporated into your state`s code and are enforceable by its courts.

You must prove that you deserve exclusive use of the trademark. They do this in the same way that a person with a registered trademark proves use: in addition to using ® the symbol that tells everyone, including potential infringers, that the trademark is registered by the state, a registered trademark can achieve “indisputable” status. An indisputable trademark is a mark that has been registered and used for five years and serves as conclusive evidence of the validity and registration of the mark, as well as the ownership of the owner and the exclusive right to use the trademark in relation to the registered goods and services. While an indisputable trademark is not invincible and remains vulnerable to some challenge, unassailable status often deters potential infringers because it limits the defences that can reasonably be invoked in trademark litigation. Trademark registration is a necessity for startups and existing companies that seek national reach and whose business model depends on branding, slogans, and broad brand awareness. These companies should take more time and money to protect their intellectual property with a trademark. While federal trade-marks have clear advantages over a common law trade-mark, there are cases where a common law trade-mark may take precedence over a federal registration. Usually, this happens because the common law mark has an earlier and proven date of first use that can challenge the rights of the federal trademark in a particular region.

Common law marks may also impede a federal application if an appropriate authorization search was not conducted prior to filing the application with the USPTO. To ensure that a new trademark does not run into problems with an existing common law trademark, the new trademark authorization process should include extensive interest searches, searches of industry-specific directories, business filings, social media searches, and even a domain search. To ensure that each search is thorough and accurate, many applicants choose to hire an experienced trademark attorney to perform the authorization search. It is your responsibility to enforce your trademark rights at common law. If you don`t, you could lose your right to protection. For example, if you do not oppose the trademark application for a patent that infringes your common law trademark within five years, your common law trademark could be revoked. Just as an older user takes precedence over a younger common law user, an older user may prevent a registered trademark owner from using a similar, confusing mark when the older user is doing business. When a trademark owner registers a trademark with the USPTO, the owner`s registration becomes prima facie evidence of trademark ownership nationwide. An older user may rebut this presumption by proving that (1) the mark was used before the owner`s filing date and (2) the older user acquired common law rights by using the mark before anyone else in that geographical area. As long as the older user (1) started selling the goods or services under the trademark before the owner of the registered trademark, (2) used the trademark continuously, and (3) can prove that the trademark is valid, the older user may prevent the registered trademark owner from using the trademark in the geographic area where the business operates. Wondering what kind of protection a common law mark offers and how it differs from a registered trademark? Look no further. Ultimately, the only way to truly strengthen your common law rights is to obtain federal registration.

Not only does it develop your brand into something much stronger and tangible, but it allows your business to do the same. Protect your fashion designs and trademark by applying for available copyrights, designs and trademarks. The trademark registration process can be complicated, so you need to know what the U.S. Patent and Trademark Office is looking for when you apply. The trademark symbol is reserved ® for trademarks registered with the USPTO. Imagine you have a small business in Los Angeles. Your company`s logo or slogan may acquire common law trademark rights in and around Los Angeles (i.e. where you do business and sell your products). However, it would likely not develop common law trademark rights outside of Southern California. So if another Las Vegas or San Francisco business used a similar logo or slogan, there`s probably not much you could do to stop them.

A common law trademark is a type of intellectual property infringement protection, in which the property is used in commerce before being registered by the state.9 min read What are common law trademark rights? by Jane Haskins, Esq. Before attempting to establish your right to a common law trademark, make sure that no one else is already using the trademark. Due diligence could now avoid the unfortunate situation of later discovering that you have infringed someone else`s common law trademark. U.S. trademark rights go to the original user. The winner is not the first to think of a brand or the first to submit. On the other hand, many foreign countries grant trademark rights to the first applicant. U.S. trademark law is different. That being said, there are several advantages to being the first applicant. Even without a registered trademark, the owner of a common law trademark may still have significant rights.