Common Law Trademark

A common law trademark is a trademark rights established through consistent use of a mark in commerce, without needing formal registration with the government. These rights are generally limited to the geographic area where the mark is actually used and can help prevent others from using confusingly similar marks in that area. While common law trademarks provide some protection, registering a trademark with the government offers stronger legal rights nationwide and easier enforcement. Essentially, common law trademarks rely on your actual business use to establish brand rights, rather than registration alone.