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What are Common Law Rights?

 

Common law rights are legal rights in a trademark that one acquires just by using the trademark in commerce. The trademark must be distinctive (either inherently or having acquired the distinctiveness) and it must be in actual use in commerce. The goods or services in connection with the trademark must actually be sold. Also, you only have common law rights in the geographic area where you actually sell the goods or provide the services.

Related Topics:

If I Have Common Law Rights, Then Why Do I Need a Federal Registration?

Should I Do a Trademark Search?

What Does a “Likelihood of Confusion” Mean?

 

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