Common Law Trademarks
In the United States, trademark rights come from use — not registration. Here is why that matters for your search.
What Are Common Law Rights?
In the United States, trademark rights are established by use in commerce — not by registration. When a business uses a distinctive mark in connection with goods or services, it acquires common law rights in its geographic area. These rights exist automatically, without filing, and can be enforced against later users.
Why They Matter for Your Search
A search covering only government databases will miss common law marks entirely. A business operating under a particular name for years — without registration — may have rights senior to your proposed registration. They can challenge your registration or sue for infringement.
Common Law vs. Federal Registration
Common law rights are limited to the geographic area of actual use. Federal registration extends protection nationwide with legal presumptions of ownership, constructive notice, and access to federal courts. But common law rights can be senior if the use predates the federal filing.
How We Search Common Law
Business entity filings (LLC and corporation records), assumed name registrations (DBAs), domain name records, and web presence data. The goal is identifying marks in active commercial use that do not appear in any government register.