Common Law Trademarks

Common law trademark rights accrue simply by virtue of use of a mark in commerce. The protections conferred by common law are few and generally weak. Common law rights extend only to the specific geographic regions where the mark is actually used in commerce. Furthermore, such marks lack the presumptions of validity, distinctiveness, and ownership that are inherent in federal trademarks. This makes them difficult to enforce as compared to federally registered trademarks.

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