
The Basics of Common Law Trademarks
While a federally registered trademark is the more commonly known, it does have a lesser-known sibling, the common law trademark. Unlike federally registered trademarks, which must survive a sometimes lengthy application prosecution and incur fees at the United States Patent and Trademark Office, a common law trademark can arise solely through the use of the mark. This is true whether the mark is a word, logo or slogan, and the mark can even have the advantage of using the TM