Like a Common Law Marriage, a Common Law Trademark May Not Be the Way to Go…
Trademark rights are acquired in the United States through (1) use of the trademark or (2) by filling a trademark application in the U.S. Patent and Trademark Office (USPTO) and obtaining a registration. Businesses sometimes opt not to register their trademarks at the USPTO. A mark that is in use but not federally registered creates “common law” trademark rights, but