What is a common law trademark, and why bother to register a mark?
Under U.S. law, a common law trademark is established when someone uses a word, company name, logo, or slogan in commerce to identify goods/services, even if it is not registered. However, a key advantage of registering a trademark is that it provides nationwide protection, unlike common law rights, which are limited to the geographic area where the mark is used. Registering a trademark allows for the brand’s expansion beyond a specific region and prevents others from registering a similar mark and restricting its use.
Additionally, trademark registration provides several benefits in court, such as establishing the presumptive validity of the mark and first dates of usage, which can be crucial in trademark infringement litigation. Registered trademark owners are also entitled to enhanced remedies in case of legal disputes. Furthermore, once the Trademark Office registers a trademark, it is maintained in its database, acting as a deterrent for others who may consider using the mark in the future. This helps prevent potential disputes and notifies future companies that the mark is already in use.