What is a common law trademark?

Trademarks are a valuable asset for businesses of all sizes. A trademark is a symbol, word, phrase, or design that identifies and distinguishes the source of a product or service from those of others. Trademark rights in Texas are governed by both federal and state law. One important aspect of trademark law is the concept of common law trademark rights. In this blog post, we will explore what common law trademark rights are, how they are acquired, and how they are protected under Texas law.

Common law trademark rights are unregistered trademark rights that arise from the use of a mark in commerce. In other words, these rights are based on the actual use of a mark in connection with a product or service, rather than the registration of a mark with the United States Patent and Trademark Office (USPTO). Common law trademark rights are recognized under both federal and state law.

Common law trademark rights are acquired through the use of a mark in commerce. In order to establish common law trademark rights, a business must use the mark in connection with a specific product or service in a way that indicates the source of that product or service. The use of a mark must be consistent, continuous, and public. In other words, the mark must be used in a way that is visible to the public and that conveys a consistent message about the source of the product or service.

In Texas, common law trademark rights can be established even if the mark is not used throughout the entire state. Rather, the use of a mark in a specific geographical area can be sufficient to establish common law trademark rights in that area.

In order to enforce common law trademark rights, a business must prove that it has established a protectable interest in the mark and that the use of the mark by another business is likely to cause confusion or deception. This can be a complex and costly process, which is why many businesses choose to register their trademarks with the USPTO.

In conclusion, common law trademark rights are an important aspect of trademark law in Texas. While registration of a trademark with the USPTO provides additional legal protections, common law trademark rights can be a valuable tool for businesses that have established a strong reputation and goodwill in connection with a particular mark. If you have questions about common law trademark rights or need assistance protecting your trademark, it is important to consult with an experienced trademark attorney.