Common law trademark rights are a critical aspect of trademark law in the United States. These rights offer robust protection for business owners against the unauthorized use of trademarks that are confusingly similar to theirs. If another business uses a similar trademark to market and sell related products or services, the original trademark owner can enforce these rights in court and potentially receive monetary compensation for any infringement.
Acquiring Common Law Trademark Rights
The Simplicity of Acquisition
Gaining common law trademark rights is straightforward. You establish these rights by simply using your trademark in commerce, specifically in advertising and selling products or services.
Application in Different Business Sectors
For Product-Based Businesses: Use your trademark on the products, packaging, labels, or point-of-sale displays.
For Service Providers: Utilize your trademark in printed ads, online (including websites and social media), and in radio or TV advertisements.
Geographic Limitations of Common Law Trademark Rights
The Regional Nature of These Rights
At the heart of common law trademark rights is the concept that these rights are tied to specific geographical areas where you actively market and provide your products or services. For example, suppose you start a coffee shop named "Bean Bliss" in Seattle. Your common law trademark rights for "Bean Bliss" would primarily apply within the Seattle area. Consequently, someone could potentially open a coffee shop with the same name in Miami without infringing on your rights, as these are distinct geographical markets.
Challenges with Wider Distribution
The situation gets more complex when you distribute products over a broader area. For instance, if you sell products online and ship nationwide, determining the extent of your common law rights can be tricky, especially if a competitor starts using a similar name in a different city. These scenarios often lead to complicated legal battles to ascertain the reach of your common law rights.
The Influence of Federal Trademark Registrations
Federal vs. Common Law: The Precedence of Registrations
Your ability to claim common law trademark rights is restricted if there is an existing federal trademark registration that is similar to your brand for related products or services. For instance, imagine you open a fitness center in Atlanta called "Atlas Fitness". If someone else already holds a federal trademark for "Atlas" in the category of fitness services, your use of "Atlas Fitness" might infringe on their federal rights, irrespective of your local usage. This scenario is particularly crucial to consider even if the holder of the federal trademark is not operating in your geographical area.
Therefore, your ability to establish common law trademark rights is dependent on there being no existing similar federal trademark registration for related products or services. If a federal registration exists, any use of a similar trademark can be seen as an infringement, even if you're actively using that name in business.
Duration of Common Law Trademark Rights
Perpetual Rights with Continuous Use
One of the advantages of common law trademark rights is their potential to last indefinitely. As long as you continually use your trademark in commerce in your specific geographic area, these rights remain valid. This is in contrast to federally registered trademarks, which require regular renewal and maintenance to remain valid.
Need Legal Assistance with Trademark Rights?
For guidance on common law trademark rights or any trademark-related queries, feel free to contact me, Yakup Sari, an experienced US trademark attorney. Reach out at (949) 426-5071, email info@sarilaw.us, or visit my website's contact form. I am here to assist you with all your trademark concerns,
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