Your Rights As A Common Law Trademark Holder

If you are using a trademark in the ordinary course of your business, you have started the journey to establishing a clear brand identity and trademark ownership. While the strongest form of trademark protection involves federal registration of your mark, just by using your trademark in commerce, you do have some rights.

The downside of using a common law trademark is that another business could possess superior trademark rights and force you to relinquish your mark. That could lead to the loss of your business name or brand name, along with all of the priceless name recognition attached to them. At Frisina, LLC, our firm’s founder, attorney Dominic A. Frisina, has helped hundreds of clients with trademark and other IP issues, and he can facilitate the strengthening of your common law claims to your trademark.

How A Common Law Trademark Functions

To claim your common law trademark, you simply need to begin using it in your business. Once you do that, you may:

  • Claim exclusive use of the mark within the local area where your business operates
  • Use the ™ symbol after your mark to promote your common law trademark
  • Defend your trademark from competitors by sending cease and desist letters
  • Partner with an IP lawyer to file infringement lawsuits to protect your exclusive use of the trademark at the local level

Your Internet Presence Can Be Covered By Common Law

A new area of concern related to common law trademarks includes internet domain names, gamer and social media screen names, and the names or designs of smartphone apps. These are valuable assets, and if they are not registered as trademarks, they are only covered by common law. We can help you search all relevant platforms to avoid problems with these forms of business identity.

Upgrading Your Common Law Trademark

If you desire more stable and lasting protection for your trademark, the next step is state or federal registration of your mark after a comprehensive trademark search. Registration, especially at the federal level, empowers you with additional legal tools to defend your business identity. Our firm can guide you at each stage of the trademark registration process and help you protect your IP.

We Are Your Legal Resource For Trademark And IP Issues

Based in Cleveland, our firm serves northeastern Ohio as well as national and international clients. Clear up your trademark hassles today by calling 440-600-1992 or filling out our online intake form.


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