Whats the difference between Registered Trademarks and Common Law Trademarks?
Common Law Trademark Rights: A business using a trade name in commerce may very well have Common Law Rights in that name. Basically, the only requirement is that the business was the first to use the name in that geographic area. Here, it wouldn’t’t matter if you registered the Trademark with the USPTO. The business that first used the name would have the right to the name, in that area. But practically speaking, you could be blocked out from using this name anywhere. Common Law Trademark rights are extremely prevalent. Several million US business have Common Law Trademark rights in their trade names. This is why running a Trademark Search is extremely important. Registered Trademarks: Registering a trademark gives the owner a presumptive right to the use of the trademark. Registering puts the world on notice that you are using the mark, that it is your mark, and that no one else can use it. It also gives your trade name and brands more credibility.
