Practice Area

Common Law Trademark Rights

Federal Court · Texas State Court

Situation — How This Comes Up

I have been using my business name for years without registering it and someone just registered it as a trademark.

What You Need to Know First

Common law trademark rights exist from the first use of a mark in commerce — no registration required. But geographic limitation and difficulty proving priority make common law rights significantly weaker than registered rights.

Full Analysis

Common law trademark rights arise from actual use of a mark in commerce and are limited to the geographic area of actual use. Against a federal registrant, common law rights provide only a defense in the area of prior use — not an affirmative right to expand.

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The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480