What Does a Common Law Trademark Refer To?

 

A: According to United States trademark law, you don't need to have a federal or state registration to own the rights to a trademark. Rights may be granted to the first person who uses a trademark for commercial purposes, which is typically known as a common law trademark.

For instance, if you begin doing business in New York, and your business is recognized by a unique trademark, then you may obtain the legal rights to that particular mark. This means that you will have exclusive protectable rights in your geographical area. If you have questions regarding your rights to a common law trademark, you can get the professional advice of a New York business law attorney.

However, if you want to federally register your trademark, you can do so with the United States Patent and Trademark Office (USPTO). To register with the USPTO, you can submit a form directly via the USPTO website. However, before you submit your registration, you should do a search of existing trademarks that may conflict with yours.

If your trademark is similar to a trademark that has already been federally registered, then your registration may be denied. However, if you own the common law rights, then those rights may supersede a federal registration.

For help with registering your trademark, you can contact an experienced New York business law attorney who can assist you with filing the necessary documents.

How can a New York business law attorney help?

If you need help registering or protecting your business's trademarks, you should contact a New York business law attorney who has experience with trademarks and the laws surrounding them. A New York business law attorney can help protect your intellectual property rights as a business owner.

Offering expert help in New York, New Jersey and nationwide, business and franchise lawyer Charles N. Internicola is ready to answer your questions about franchise, trade secrets, national and international trademarks, and any critical business matters that may arise. Contact us today - 1-800-976-4904    




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