What is a Common Law Trademark? -- Dallas Trademark Lawyer

Trademark Lawyer in Dallas, Texas -- www.trademarkdoctor.net  Here's another Trademark Health Tip from the Trademark Doctor.  I often get asked, "What is a Common Law Trademark?" A "Common Law" trademark is a trademark that is not registered with the United States Patent and Trademark Office.  You don't need to register your trademark in order to have trademark rights. "Common Law" gives you trademark rights in the geographic area where you are using your trademark.  The first person to actually use the trademark in commerce has the rights to the exclusive use of that trademark.  But, beware! Common law trademark rights may be "free" but they can cause a lot of problems down the road.  For example, how do you prove that you were using a certain trademark before that other guy? Sometimes that first use can be expensive to prove in court.  For preventative care, the Trademark Doctor generally prescribes a Trademark Registration for those important trademarks that you don't want to fight with the lawyers about.  See our other videos for the benefits of federal trademark registration.  This has been a Trademark Doctor Trademark Health Tip.  Want more? See us at TrademarkDoctor.net. A common law trademark is a trademark that is earned through use only rather than through use plus a trademark registration. It’s not technically necessary to hire a trademark lawyer and file for a trademark registration to obtain rights to use a trademark. Trademark rights can also be gained through use of the mark in commerce. This means that if you use a mark, you have rights to it even if you don’t register it.  So why would anyone register a trademark, then, when they can just use it and get rights? Well, if you don’t actually register the mark, then others might not know that you are using the trademark. And then this can cause legal problems down the road.  When you register a trademark, it appears in the trademark database as the Patent and Trademark Office. People doing a search in advance of filing their own trademark application can then find it, know that the mark is already in use by someone else, and avoid adopting it themselves.  Once your mark is in the Trademark Office database, the trademark examiners will refuse to register conflicting marks. So, in essence, the trademark examiner becomes sort of a trademark watchdog for you. But they can’t do that if your mark is not in the database. So go ahead and register your mark! It’s a wise investment in your important brands.  For more information, see us on the web at http://trademarkdoctor.net. Call us if you need a Dallas trademark lawyer, we’re here to help.  Dallas Trademark Lawyer Trademark Lawyer in Dallas Register a Trademark http://youtu.be/G8wdCBJidmQ http://youtu.be/hGbESMWklK8 http://youtu.be/G8wdCBJidmQ?list=PL8kdgVAfJyjY7aVsaFE631vAefsOmHelH