Common Law Trademark Rights
Common law trademark rights are rights that do not arise
pursuant to a statute (such as filing a trademark application),
instead common law trademark rights are obtained from use.
You do not need to file a state trademark application or
a federal
trademark application to obtain trademark rights. Simply
using your mark in commerce will provide you with trademark
rights. You will need to place your mark on your goods (products),
or place the mark on literature associated with your services,
in order for you to obtain common law trademark rights. You
must then use your mark in commerce, which includes selling
your goods or providing services. Advertising services can
also establish common law trademark rights, however generally
advertising goods is not sufficient to establish trademark
rights.
If you are starting to provide new services, or sell a new
product, and have not yet filed a trademark application,
it is recommended that you give notice to the general public
that you are using your name as a trademark. For goods, this
can be accomplished by placing a TM next to your
mark, and for services, you should place a SM by
your mark. You do not need to file a trademark application
to use the TM or the SM symbols.
You cannot use the ® symbol
unless you have a federally registered trademark.
Keep track of the date you first
start using your mark in commerce,
as
you
can later
use this
date
to
establish
further trademark rights through a trademark application.
Our law firm recommends filing a federal trademark application
as soon as possible. Common law trademark rights will protect
you in the geographic areas where you use your mark; they
will not protect you nationwide or throughout the world.
To prepare and file a basic trademark application, including
consultation with an attorney, our firm charges $400 (plus
USPTO filing fee of $325).
Achtel Law Firm offers free trademark consulations. To contact
our Trademark Lawyer, fill out the form on this page, call
us at 858-350-3124 (San
Diego)
or
toll
free
at
800-361-1961.
For additional trademark information resources, please visit
our trademark resources page. |
