![\"\"](\"https:\/\/omnilegalgroup.com\/blog\/wp-content\/uploads\/2024\/09\/pic-size-for-blog-1.jpg\")
<\/p>\n<\/p>\n
Unregistered trademarks used solely in commerce in a specific area are common law trademarks. Although the rights are not easily enforced, limited to a region, and not federally registered, they exist and can be protected. Trademarks are the only classification under intellectual property that utilizes common law.<\/p>\n
The trademark lawyers at the Omni Legal Group<\/strong> want businesses to know that their logos, phrases, and names can be protected without being registered with the US Patent and Trademark Common Law Rights<\/strong><\/p>\n The doctrine of common law rights can protect an unregistered trademark if a business is the first to use it in its region. Even when another company holds a federally registered mark nationwide, However, the limitation is specific to the geographic location. Although a registered trademark holder could be prohibited from selling a product or conducting business in a protected region, the competitor cannot be stopped from using the same mark outside the region.<\/p>\n <\/p>\n Trademark Searches<\/strong><\/p>\n Before a trademark is registered, a thorough search must be performed. A comprehensive search \u2022 Federal registration will not be granted if a trademark is identical or confusingly Common Law Trademark<\/strong><\/p>\n Common law trademarks are not subject to regulation at either the Federal or state level. Nevertheless, the rights are established through use in a specified area, and registration is not required.<\/p>\n The \u2122 symbol is for users of a mark who are:<\/p>\n \u2022 waiting for their federal trademark application to be processed, or The \u00ae symbol is exclusive for trademarks registered with the USPTO. A common law trademark owner is responsible for protecting their rights. The rights under common law can be negated if the owner does not act as though time were of the essence. This time period is highly subjective. A time period cannot be established for an action to protect an unregulated use.<\/p>\n It is in the best interest of common law trademark owners to retain an attorney certified in trademarks and intellectual property as soon as practicable after discovering that a competitor in their region of influence is using their trademark.<\/p>\n Have Questions About the Trademark Application Process?<\/strong> Contact an Experienced <\/strong>Trademark Attorney in Los Angeles<\/strong><\/em><\/p>\n Common law rights are enforceable but are challenging to prove and can quickly become cost prohibitive. A business owner cannot depend on common law to protect its name, logos, products, or taglines.<\/p>\n Omni Legal Group<\/strong> is the premier Patent, Trademark, and Copyright law firm located in Los Angeles and representing clients throughout LA County including Santa Monica, Beverly Hills, Unregistered trademarks used solely in commerce in a specific area are common law trademarks. Although the rights are not easily enforced, limited to a region, and not federally registered, they exist and can be protected. Trademarks are the only classification under intellectual property that utilizes common law. The trademark lawyers at the Omni Legal Group…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"gallery","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4545","post","type-post","status-publish","format-gallery","hentry","category-blog","post_format-post-format-gallery"],"yoast_head":"\n
\nOffice (USPTO).<\/p>\n
\nthe rights under common law can prevent the trademark holder from entering the established territory of the unregistered mark.<\/p>\n
\nwill comprise the following sources.<\/p>\n
\nidentical to another mark.
\n\u2022 States have databases with registered business names, logos, and trade names. A
\nbusiness or person cannot use their trademark in a state with an existing registration.
\n\u2022 The databases for these searches are the internet, phone, and business directories.
\nCommon law rights in a specific area will be superior to trademark rights seeking a
\nregistration. Common law searches can also limit registered trademark holders from
\nexpanding into a specified area.<\/p>\n
\n\u2022 establishing a trademark under common law.<\/p>\n
\nCulver City, and many more. Our legal team of highly experienced trademark attorneys in Los Angeles specialize in protecting your intellectual property securing your patents, trademarks, and copyrights. Whether it\u2019s a provisional patent, non-provisional patent, design patent, utility patent, or plant patent application, Omni Legal Group<\/strong> will see it through. For further information or to schedule an appointment please call 310.860.2000<\/strong><\/span> or visit www.OmniLegalGroup.com to learn more.<\/p>\n","protected":false},"excerpt":{"rendered":"