Common law + state trademarks (Legal Road Map® Podcast S3E72)

Did you know that a federally registered trademark isn’t the only form of trademark protection available?  There are actually three levels of protection in the U.S. trademark system -- common law, state law registration, and federal (USPTO) registration.

While common law or state trademarks may work for some businesses, there are some significant downsides to each.

In this week's episode you’ll learn:

  1. What a common law trademark is, and the limited rights this type of trademark provides
  2. The drawbacks to relying solely on a common law trademark
  3. Which types of trademark you can use the ® and ™ symbols
  4. The benefits to filing a federal trademark registration
  5. The protections provided by a state trademark registration
  6. The downsides of relying solely on a state trademark registration

Key takeaway:  There are a few different levels of trademark protection offered on the state and federal level, as well on a common law basis. Which one is best for your business depends on multiple factors. It’s a good idea to consult with a trusted legal advisor to make sure you’re protected in the right ways and places for your business.

Sign up below to get a free 5 Minute Intellectual Property Audit worksheet.  You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm). 

This podcast is information, not legal advice specific to your situation.

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