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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.


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   • What is a Trademark?  
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