Saturday, August 27, 2022
The Limitations of a “Free” Common Law Trademark
Common law trademarks can provide valuable protection for businesses, but they have limitations. The two most important limitations are geographic and enforcement.
First, common law trademark rights are limited to the geographic area where a mark is used. They are not national, unlike registered trademarks. That means that other businesses outside of your local region could use your name, logo, or slogan, and you would be unable to stop them. So, if you plan to expand your business into multiple markets, you should consider registering your trademark with the USPTO.
Second, enforcing common law rights is far more complex and expensive. For example, a trademark owner must prove ownership, validity, and regions of use. In contrast, with registered federal trademarks, these elements of infringement are legally presumed, so enforcement is easier and less expensive. Also, it is presumed that a registered federal trademark is recognized as representing a brand.
About Michael Kondoudis
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business to Brand. He is also an authority trusted by national news media on major trademark stories involving NFTs and the Metaverse. For more information, visit www.mekiplaw.com.